If you have a qualifying New Hampshire conviction and have cleared the statutory waiting period under RSA 651:5, your immediate next step is filing a Petition to Annul Record (NHJB-2317-DSe) in the court that handled your case. From there, three agencies take over in sequence: the court, the Department of Corrections, and NH State Police, each with its own fee and timeline.
TL;DR:
- A single ineligible conviction can block annulment of the rest of your record, so check every offense against RSA 651:5 before filing.
- File a separate petition for each offense, and gather certified dispositions, case summaries, sentence completion proof, and your State Police criminal history record beforehand.
- Expect $125 for the court, $100 for the DOC investigation, and $100 for State Police after approval; indigency waivers may cover the court fee.
- Respond promptly to the DOC questionnaire; prosecutor objections can prompt a hearing, while the FBI database may take several weeks to reflect an approved annulment.
- Annulment removes the record from standard state and FBI searches, but it does not erase the case’s history or prevent information from appearing elsewhere.
Table of Contents
- Who qualifies under RSA 651:5: wait times and exclusions
- Document checklist and forms: NHJB-2317-DSe and supporting records
- Step-by-step filing timeline from petition to record correction
- Fees and fee-waiver options for court, DOC, and State Police costs
- How judges decide and what annulment actually changes
- What experienced defense counsel sees go wrong with annulment petitions
- How we help prepare and file your NH annulment petition
- FAQ
- Sources
Who qualifies under RSA 651:5: wait times and exclusions
Eligibility turns on offense class, time elapsed since conviction or release, and whether the offense falls into a category the legislature excluded outright. RSA 651:5 sets wait times that generally range from one year for violations to ten years for the most serious felonies, with the court granting annulment only when it finds doing so will assist rehabilitation and remains consistent with public welfare.
Several categories sit outside the statute entirely. Violent crimes, felony obstruction of justice, and offenses carrying extended-term sentences are excluded regardless of how much time has passed.
- Violations and misdemeanors typically require shorter waits than felonies.
- Class A and Class B felonies require longer waits, often measured in years rather than months.
- Sexual assault, indecent exposure, and certain domestic violence convictions carry their own specific treatment under the statute.
- Violent offenses and felony obstruction of justice cannot be annulled under any timeline.
One disqualifying conviction can freeze an entire record. Under RSA 651:5, a single ineligible offense in a multi-count history can block annulment of everything else until that offense becomes eligible or is addressed separately, so reviewing your full record before filing matters as much as reviewing any one case.
Document checklist and forms: NHJB-2317-DSe and supporting records
Each offense needs its own petition. The core form is the Petition to Annul Record, NHJB-2317-DSe, available from the New Hampshire Judicial Branch, and it contains the sworn statement language the court requires along with blocks reserved for the court’s own order once a petition is granted.
Before filing, gather the records that support your petition:
- A certified disposition for each conviction you want annulled.
- A case summary or docket record confirming how the case was resolved.
- Proof that you completed your sentence, including any probation or fines.
- A copy of your criminal history record (CHRI) obtained from State Police.
- Any documentation showing rehabilitation, such as employment or community involvement, if you plan to request a hearing.
The Judicial Branch’s annulment page for the District Division lists the current forms and checklists, including specialized petitions for juvenile matters, pre-2019 offenses, and cases that ended in a non-conviction rather than a guilty finding. Those tracks use different form numbers than the standard adult petition, so confirm you have the right version before submitting anything. Filing the wrong form is one of the more common reasons a petition gets kicked back for correction, which adds weeks to a process that already involves several moving parts.
Step-by-step filing timeline from petition to record correction
The process moves through four distinct stages, each with its own agency and its own clock.
- File and pay. Submit your petition and the court filing fee at the court where your case was disposed, then confirm the clerk has logged it and get your case number for tracking.
- DOC investigation. The court forwards your petition to the Department of Corrections, which orders an investigative report and will likely contact you directly. NH State Police guidance confirms this report carries a $100 DOC investigative fee, and responding to DOC’s questionnaire promptly is the single biggest lever you have over total processing time.
- Prosecutor notice. The prosecutor’s office receives notice of your petition and has an opportunity to object. Objection windows and hearing likelihood vary by case, though a roughly 20-day window is common practice before a judge rules.
- Court decision and record correction. The court can grant annulment without a hearing unless one is requested. Once granted, NH State Police invoices a separate $100 administrative fee to correct your CHRI. State-level correction tends to happen faster than the federal update, since the FBI’s database can take several weeks to reflect the change.
Fees and fee-waiver options for court, DOC, and State Police costs
Three separate agencies bill three separate fees, and none of them are optional once your petition moves forward.
- The court filing fee for a Petition to Annul Criminal Record is $125 under Rule 52, with an added surcharge if you e-file.
- The Department of Corrections charges $100 for its investigative report, confirmed by NH State Police guidance as part of the standard annulment workflow.
- NH State Police charges a separate $100 administrative fee after a grant, to remove the annulled CHRI from state and FBI records.
If you cannot afford the filing fee, you can ask the court for a fee waiver based on indigency, and certain post-2019 dismissal cases may qualify for relief that removes the filing fee entirely under the statute’s own terms. State Police typically invoice their fee after the court grants annulment, so you are not paying all three fees on the same day, which helps with budgeting around the process.
How judges decide and what annulment actually changes
Judges apply a two-part test: will annulment assist your rehabilitation, and is it consistent with public welfare. The Department of Corrections report and any prosecutor input feed directly into that decision, and most petitions are resolved on the papers alone unless someone requests a hearing.
What changes afterward is narrower than many people expect:
- State and FBI criminal history databases are corrected to remove the annulled record from standard searches.
- The underlying historical fact of the case is not erased, and information can still surface through other public sources.
- Annulment is designed to reduce collateral consequences, like employment and housing barriers, rather than create true secrecy.
For readers weighing how much a record is actually costing them day to day, our earlier piece on how a criminal record affects employment in New Hampshire goes into more depth on that collateral-consequence side.
What experienced defense counsel sees go wrong with annulment petitions
The same mistakes show up again and again: a petitioner files before ordering a certified disposition, skips the CHRI request entirely, uses an outdated form version, or files one petition covering multiple offenses when each one needs its own. Any of these can cost weeks.
- Order your certified dispositions and CHRI before you file, not after.
- Answer the DOC questionnaire the day it arrives rather than letting it sit.
- Double-check the prosecutor’s office has current contact information on file.
- Request a hearing only when you have a specific reason the papers alone will not cover.
Pro Tip: File one petition per offense from the start, since combining multiple convictions into a single petition almost always triggers a clerk’s rejection and a refiling delay.
— Walter Ramos
How we help prepare and file your NH annulment petition
We can assist with parts of this process that often cause delays: pulling certified dispositions, preparing the petition correctly the first time, liaising with the Department of Corrections on the investigative report, and responding to any prosecutor objection before it turns into a hearing you did not plan for.
- Case review to confirm which offenses on your record actually qualify under RSA 651:5.
- Petition drafting using the current NHJB-2317-DSe form, filed separately for each eligible offense.
- Direct coordination with DOC during the investigative report stage so questionnaires get answered on time.
- Court representation if a prosecutor objects or a hearing becomes necessary.
If you are ready to move forward, our criminal record annulment page outlines how we work and how to request a consultation with our team.
This article is general information, not a substitute for advice from a qualified lawyer. Consult a qualified legal professional about your own circumstances before acting on anything here.
FAQ
How can I get something off of my record?
In New Hampshire, the only path to removing an eligible conviction from public record searches is filing a Petition to Annul Record under RSA 651:5 once your waiting period has passed. The process involves the court, a Department of Corrections investigation, and a final record correction by NH State Police.
What is the phone number for the NH State Police Criminal Records Unit?
Contact information for the Criminal Records Unit, including current phone numbers, is published on the NH State Police criminal record annulments page. We recommend confirming the number there directly, since staff lines can change.
How many years until you can annul a felony in New Hampshire?
Wait times for felonies under RSA 651:5 vary by class and specific offense, with more serious felonies requiring longer waits than lower-level ones. Some offenses are excluded from annulment entirely regardless of how much time passes, so checking your specific conviction against the statute is the only reliable way to know your timeline.
How long does a felony stay on your record in NH?
Without annulment, a felony conviction remains on your New Hampshire record indefinitely and will continue to appear in background checks. Filing a petition under RSA 651:5 once you meet the waiting period is the step that triggers correction of your state and FBI records.
Sources
- 651:5 Annulment of Criminal Records — New Hampshire General Court
- PETITION TO ANNUL RECORD (NHJB-2317-DSe) — New Hampshire Judicial Branch (PDF)
- Criminal record annulments — NH State Police
Recommended
- NH Criminal Record Annulment Attorney
- NH Expungement: Annul Your Record in 1–10 Years (RSA 651:5)
- 10 Year DUI Clock in NH: When Statute Allows Annulment
- Avoid a Conviction in NH: 3 Deferred vs Suspended Sentence Differences
This article is general information about New Hampshire criminal law, not legal advice, and does not create an attorney-client relationship with Granite Criminal Defense. Laws and court procedures change and every case is different. If you have been charged anywhere in Rockingham, Strafford, Hillsborough, Merrimack, Belknap or Carroll County, call us.
