New Hampshire Court Records

The New Hampshire Judicial Branch operates as a unified court system comprising one appellate court, two trial-level courts, and a centralized Administrative Office of the Courts, each serving distinct functions within the judiciary. New Hampshire courts handle approximately 120,000 cases annually.

At the top of the court structure is the New Hampshire Supreme Court, the state's sole appellate court. It serves as the final authority on legal disputes within the state court system. The supreme court hears appeals from lower courts and administrative agencies, interprets state laws and the constitution, and issues binding opinions defining legal precedent in New Hampshire. It also oversees attorney discipline, rules of court procedure, and judicial ethics.

Below the supreme court are the two trial courts: the superior court and the circuit court. The superior court is New Hampshire's general jurisdiction trial court. It primarily handles felony criminal cases, complex civil lawsuits, complex commercial litigation, and matters involving injunctive relief or jury trials.

In contrast, the circuit court functions as a unified lower-level trial court system, subdivided into three distinct divisions, district, family, and probate. Each division is tasked with a specialized area of law. The district division hears misdemeanor cases, traffic violations, small claims, and landlord-tenant disputes. The family division handles divorce, child custody, juvenile matters, and domestic violence cases, focusing on family and child welfare. The probate division hears issues related to estate administration, guardianships, wills, and name changes.

What Are the Types of Court Records In New Hampshire?

Court records are created during civil and criminal case filings, and other administrative actions undertaken by court officials. Examples of court records created in courts include docket sheets, evidence, judgments, orders, transcripts, court minutes, and pleadings. These records are maintained by the clerk in each court.

New Hampshire court clerks maintain the following types of records:

• Supreme Court
• Appellate case records (from Superior, Circuit, or administrative agency decisions)
• Briefs and appendices submitted by parties
• Supreme Court opinions and orders
• Motions and procedural filings in appellate cases
• Case dockets for appeals, including disciplinary actions against attorneys
• Discretionary appeals and mandatory appeal filings
• Oral argument transcripts or audio recordings
• Superior Court
• Felony criminal case files
• Civil case files involving large claims (above Circuit Court monetary limits)
• Complex commercial litigation
• Personal injury lawsuits
• Land use and property disputes
• Petitions for injunctive relief
• Jury verdicts and trial transcripts
• Appeals from Circuit Court decisions (in some instances)
• Circuit Court
• Circuit Court - District Division
• Misdemeanor criminal cases
• Violation-level offenses (such as traffic tickets, local ordinance violations)
• Small claims cases (typically up to $10,000)
• Landlord-tenant disputes and evictions
• Protective orders in stalking and harassment cases
• Preliminary hearings in felony matters
• Motor vehicle violation records
• Bail and arraignment proceedings
• Search and arrest warrants
• Circuit Court - Family Division
• Divorce and legal separation filings
• Child custody and visitation agreements
• Child support orders and modifications
• Guardianship of minors
• Adoption records
• Domestic violence restraining orders
• Paternity cases
• Termination of parental rights
• Juvenile delinquency and CHINS (Child in Need of Services) cases
• Circuit Court - Probate Division
• Estate administration records (testate and intestate)
• Wills and codicils filed for probate
• Trust disputes and trust administration
• Guardianship of incapacitated adults
• Name change petitions
• Involuntary commitments for mental health or substance use
• Petitions to compromise claims for minors
• Adjudication of incompetence
• Advance directive and durable power of attorney disputes.

Are New Hampshire Court Records Public?

Court records in New Hampshire are generally accessible to the public following the Right-to-Know Law (RSA 91-A). However, certain records are exempt from disclosure to protect privacy and confidentiality. Examples include:

• Juvenile Records: Records involving minors are typically sealed to protect the privacy of the individuals involved.
• Sealed or Confidential Cases: Some cases may be sealed by court order, making them inaccessible to the public. New Hampshire courts may seal court records in order to protect the privacy of individuals or sensitive legal interests when public access would cause more harm than benefits.
• Sensitive Information: Records containing sensitive personal information, such as medical records or details of sexual offenses, may be restricted.

How Do I Search New Hampshire Court Records?

The New Hampshire judiciary provides a statewide Case Access Portal, which requires registration before use. This portal provides free access to limited case information of the trial courts in the state. Records are available in the non-confidential circuit court case types of district division civil, small claims, name change, and estate cases, and superior court criminal and civil cases.

To use this portal to find case information, you must provide the full name of a party involved in a case, case number, court location, or type of case.

How To Retrieve Court Records Offline

To retrieve court records offline or obtain certified copies of court records in New Hampshire, you may visit the courthouse where the case was filed. New Hampshire courts typically accept record requests in person or by mail. You will need to include details like case number, name of parties involved, and the type of record needed in your request.

In New Hampshire, costs are associated with obtaining standard and certified copies of court records. The fee for standard copies typically ranges from $0.50 to $1 per page, while certification fees are usually $10 to $15 per document, in addition to the per-page cost.

Some records may be available on the same day if requested in person. However, if records are archived or require retrieval, the court has up to five days to provide a written response explaining when they will be available. For mail requests, processing times vary, but responses typically take one to two weeks.

Can I Seal or Expunge a New Hampshire Court Record?

Expungement typically means erasing or destroying a record, while sealing refers to removing a record from public access. However, in New Hampshire, the state uses the term "annulment." Annulment in New Hampshire is a legal process that removes the record of an arrest, conviction, or sentence from public access. Once annulled, individuals can lawfully state that they have not been arrested or convicted for the annulled offense, with certain exceptions, such as when applying for law enforcement positions or certain professional licenses. The annulment process in New Hampshire is governed by RSA 651:5.

To be eligible for annulment in New Hampshire, an individual must:

• Have completed all terms and conditions of the sentence, including probation and payment of fines.
• Not have been convicted of any other crime (excluding certain motor vehicle offenses) during the applicable waiting period.
• Not currently charged with any offense.

Note that eligible non-conviction records that may be annulled include:

• Arrests with no charges filed
• Dismissed charges
• Not guilty verdicts
• Nolle prossed cases
• Vacated convictions

While conviction records for most violations, Class A misdemeanors, Class B misdemeanors, and some felonies may be annulled, some offenses are not covered under the scope of the annulment provisions. These include felony obstruction of justice crimes, offenses resulting in an extended term of imprisonment under RSA 651:6, and violent crimes, such as murder and aggravated sexual assault.

The state also sets specific waiting periods before annulment petitions may be submitted. These include:

• Violations: 1 year
• Class B Misdemeanors: 2 years
• Class A Misdemeanors: 3 years
• Class B Felonies: 5 years
• Class A Felonies: 10 years
• Sexual Assault and Certain Other Offenses: 10 years

To submit an annulment petition in New Hampshire, you may follow these steps:

• Verify Your Eligibility: Review New Hampshire annulment laws or consult with an experienced annulment attorney in the state to determine your eligibility for annulment. In addition, review the New Hampshire Annulment Checklist document
• Obtain Criminal Record: Request a copy of your criminal record from the New Hampshire State Police Criminal Records Unit. If necessary, you may need to obtain your driving record from the state DMV and all case summaries from all courts you would like an annulment
• Complete Petition: Fill out the "Petition to Annul Record" form, ensuring all information is accurate and complete. You may need information from your criminal record to complete the petition. This form may be downloaded from the superior court page or the district court page of the New Hampshire courts website.
• File Petition: Submit the petition to the court where the original case was heard, along with the required fees.
• Court Review: The court will review the petition, and the Department of Corrections will conduct a background check.
• Prosecutor's Input: The prosecutor has 20 days to object to the annulment. If there is no objection or the court overrules it, the annulment may be granted.
• Notification: If granted, the court will notify relevant agencies, and the individual's record will be updated accordingly.
• Applicable fees associated with annulment of a record in New Hampshire include a $100 filing fee, a $100 Department of Corrections Parole and Probation report fee, and another $100 state police administration fee.

If your annulment petition is denied, you must wait three years before reapplying in New Hampshire.

How To Search Federal Court Records in New Hampshire

In New Hampshire, there is one federal district court that has jurisdiction over federal matters in the state: the United States District Court for the District of New Hampshire, located in Concord. This court handles cases involving violations of federal law, including civil rights claims, federal criminal prosecutions, immigration matters, and bankruptcy proceedings.

Access to the records of this court is available:

• Online: The PACER, short for Public Access to Court Electronic Records, provides online access to records of federal courts in the United States, including the one in the State of New Hampshire. However, you must first create an account on the portal. After, you may provide a case number, party name, or case filing date on the portal to search for the record you need. Access to records on this portal costs $0.10 per page, with a maximum of $3 per document, except for certain filings or records. However, parties in a case and attorneys of record may obtain a free electronic copy of all documents filed electronically.
• Offline: In-person requests for court records are also accepted at the courthouse. Hence, you may visit the office of the court clerk at 55 Pleasant Street, Room 110, Concord. At the clerk's office, you may request copies of filings or view case dockets via the public access terminal at the courthouse. You will be required to provide the case number, names of the parties involved, and the filing date or approximate date of the case in your request. Printing a copy of any record or document via the public access terminal costs $0.10 per page, while reproducing any record or document by the office of the clerk costs $0.50 per page. Certification costs $12 per document, while exemplification costs $24.

How To Get New Hampshire Court Records Online for Free?

The New Hampshire Judicial Branch Case Access Portal provides free online access to limited case information in the state's trial courts. However, you need to register on the portal to search. In addition, third-party databases aggregating public records from official sources provide access to court records. Hence, you may use a reliable third-party service such as PeopleRecords.us to search New Hampshire court records.