New Hampshire Criminal Records

New Hampshire criminal records are official documents that provide a detailed account of an individual's interactions with law enforcement and other criminal justice agencies within the state. These records typically include arrest details, outstanding warrants, indictments, plea agreements, case dispositions, sentencing information, and incarceration history. Crime rates in New Hampshire are typically lower than the national average, with recent surveys indicating that the state has a violent crime rate of 1.26 per 1,000 residents (one of the lowest recorded across the country) and an overall crime index of 11.37 per 1,000 residents.

The New Hampshire Division of State Police serves as the primary repository for official criminal history information statewide and disseminates this information to both criminal agencies and interested members of the public. Additionally, county sheriff's offices, municipal police departments, state trial courts, and the New Hampshire Department of Corrections maintain criminal records related to their proceedings and may also provide access to these records on request.

Are Criminal Records Public in New Hampshire?

Criminal records are generally considered public in New Hampshire and may be accessed by interested parties under the state's Right-to-Know Law and other relevant state laws and rules. However, these laws do not provide totally unrestricted access to criminal record information, meaning that some records (or information they contain) are exempt from public disclosure.

For instance, non-conviction data (information on arrests that did not lead to a conviction) is deemed confidential; as such, access to these records is generally limited to the record's subject and law enforcement. Likewise, juvenile records, annulled records, and records related to ongoing investigations and parole/parole boards are also typically unavailable to the general public.

How To Look Up Criminal Records in New Hampshire?

The New Hampshire Division of State Police is the official source for criminal history record information in the state, and interested members of the public may access these records online via the division's Criminal Records Portal. This portal facilitates name-based searches for criminal records, meaning that requesters must provide the full name and date of birth of the person whose records they wish to access. It should be noted that the provided record will typically only include conviction records - access to non-conviction criminal history information is restricted to law enforcement and the record's subject.

Criminal records may also be accessed offline by submitting a properly completed Criminal History Record Information Release Authorization Form to the Division of State Police at:

Requesters who wish to obtain a copy of their own complete criminal history record (containing confidential data) will be required to either notarize the request form if it is being submitted via mail or provide a valid government-issued photo ID for in-person requests.

Criminal records obtained from the Division of State Police typically cost $25 per request (additional service fees may apply). The division also offers fingerprint-based background checks; however, this is typically only available for certain employment and licensing-related purposes where these types of checks are required by law.

Inquiries on background checks and criminal record requests may be directed to the Division of State Police's Criminal Records Unit at (603) 223-3867 or via email.

How To Search New Hampshire Arrest Records?

Arrest records in New Hampshire are created when a person is taken into custody by a law enforcement agency (primarily police departments and sheriff's offices). These records typically contain details on the arrest, such as:

• The name, address, and date of birth of the person arrested
• The person's physical description (such as their height, weight, eye and hair color, as well as tattoos and scars, if any)
• The date, time, and location of the arrest
• A description of the alleged offense(s)
• The arresting agency and the arresting officer's details

New Hampshire arrest records may be accessed directly through the law enforcement agency responsible for the arrest. While each agency may have specific procedures for accessing these records, you will generally have to submit an official request to the agency's records unit/department; copy fees may also apply.

How To Search New Hampshire Warrants?

New Hampshire warrants are legal documents authorizing law enforcement officers to perform specific actions, such as making an arrest or conducting a search. These warrants are typically issued by judges and justices, including associate justices, special justices, and justices of the peace (other duly authorized officials also issue warrants in certain situations). The most common types of warrants in New Hampshire include:

• Arrest Warrants: These authorize the arrest of individuals and are issued based on probable cause that they are involved in the commission of a crime.
• Search Warrants: These legally permit law enforcement to search a specific location for evidence related to a criminal investigation and are also issued based on probable cause.
• Bench Warrants: These are issued when an individual fails to appear in court or otherwise comply with a court order, and they authorize the apprehension of the individual.

Most warrants issued in New Hampshire typically remain valid until they are either executed, quashed, or otherwise resolved by the issuing court. However, search warrants have limited validity - per New Hampshire Revised Statutes (RSA) 595-A:7, search warrants must be executed and returned to the issuing court no later than seven days within seven days.

Interested parties can typically check for active warrants and access other warrant-related information by contacting the appropriate law enforcement agency or local court in the jurisdiction where the warrant may have been issued. Some counties may also offer online warrant search tools; however, availability varies across jurisdictions. The state also provides access to a Warrants Non-compliant Criminal Offenders database that may be used to access information on individuals who have failed to comply with court orders or registration requirements. It should be noted that this database primarily includes non-compliant sex offenders/offenders against children whose details may not be available on public registries, and is not a comprehensive source for warrant information.

Can I Obtain a New Hampshire Criminal History Record of Another Person?

You may obtain copies of another person's New Hampshire criminal history record by submitting a request to the New Hampshire Division of State Police through its Criminal Records Portal. You will be required to provide the person's name and date of birth (while additional data may be provided to narrow down search results, this is only optional) and pay a $25 fee per request. Be aware that you will also need a valid email address and a credit or debit card to process the request.

It is important to note that the provided report will only include conviction records; non-conviction criminal history information is considered confidential in New Hampshire, and access to this information is typically restricted to law enforcement and individuals requesting their own criminal history record.

How To Expunge or Seal New Hampshire Criminal Records

New Hampshire provides eligible individuals with the option of removing certain arrests and convictions from their criminal history record through a process known as "annulment". The requirements and eligibility criteria for this process are primarily outlined in New Hampshire RSA 651:5. Per this law, non-conviction records (records of arrests that resulted in a "not guilty" finding, or were the charges were either dismissed or not prosecuted), vacated convictions, and certain misdemeanors and felonies may be annulled. However, violent crimes, felony obstruction of justice offenses, and crimes that resulted in an extended prison sentence under New Hampshire RSA 651:6 are statutorily deemed ineligible for the annulment process.

Individuals who wish to get their records annulled in New Hampshire typically have to take the following steps:

• Determine eligibility. In addition to confirming that the offense/record is qualified for the process, you will also need to meet other criteria, such as completing the imposed sentences as well as a stipulated waiting period, which varies by offense type and typically ranges from 2 - 10 years. Requesters also typically need to have maintained a clean record during the waiting period, meaning no convictions or pending charges.
• Gather necessary documentation, including your complete criminal record, driving record, and case summaries. These may be obtained from the Division of State Police, the Division of Motor Vehicles, and relevant courts, respectively.
• File a Petition to Annul with the court that handled the case and pay the stipulated filing fees. Petition forms may be obtained directly from the court or accessed online via the New Hampshire Judicial Branch's official website.

Once these steps have been properly completed, the court will review the petition and make its decision. Note that, depending on the circumstances, the court may notify relevant parties, such as the prosecutor's office or the Department of Corrections, before issuing a final order.

What Are the Limitations To the Use of Criminal Records for Employment, Licensing, and Housing in New Hampshire?

Several laws in New Hampshire aim to provide protections for individuals with criminal histories and prevent discrimination based on past criminal records, especially concerning how this information is used in employment, housing, and licensing decisions:

• New Hampshire RSA 275:37-c: This law prohibits public employers from asking about an applicant's criminal history on an initial job application unless required by state or federal law. Per this law, these employers can typically only conduct a criminal background check after the first interview.
• The Fair Chance Act: This law prohibits federal agencies and contractors in New Hampshire from asking about criminal histories until a conditional employment offer has been extended.
• New Hampshire RSA 332-G:10: This law prevents licensing bodies and other similar entities from automatically disqualifying individuals from obtaining a license, certification, or other state recognition solely due to a prior criminal conviction. However, these bodies may deny or revoke recognition if the conviction has a substantial and direct relationship to the profession and if doing so is necessary to protect public safety.

In addition to these laws, New Hampshire also generally adheres to guidance from agencies like the Equal Employment Opportunity Commission (EEOC) and the Department of Housing and Urban Development (HUD), which advise against blanket exclusions based on criminal history. To this end, employers (both private and public) and housing providers are typically required to conduct an individualized assessment (of each applicant with a criminal record) that considers the nature of the offense, the time elapsed, and whether the conviction is relevant to the opportunity in question.

Can I Access New Hampshire Criminal Records for Free Online?

While some private websites claim to offer access to New Hampshire criminal records, either at no cost or for a nominal fee, their reliability and accuracy can vary; in many cases, the provided information is incomplete and/or outdated. To access accurate New Hampshire criminal record information online, it is best to either use official resources like the state police's Criminal Records Portal and the judicial branch's Case Access Portal, or a premier third-party platform that aggregates data from verified sources, like NewHampshirePublicRecords.us.