New Hampshire Public Records

New Hampshire ublic records encompass a broad range of information and documents generated or maintained by public bodies and agencies. Access to public information created, accepted, or obtained by public agencies is codified in the New Hampshire Right-to-Know Law. This helps to promote government transparency and discourse with the citizens. However, the provisions of the Right-to-Know Law are not absolute, and access does not extend to certain confidential records in New Hampshire.

Are New Hampshire Records Public?

Yes, New Hampshire is committed to transparency as specified by the Right to Know Law. According to the Law, citizens are entitled access to records generated during official government function. This includes a wide array of information in various formats. However, Section 91-A:6 of the law outlines exceptions and limitations for safeguarding sensitive or confidential information across agencies. Some examples of records exempted from public access in New Hampshire include:

Records of parole and pardon boards;
Unique pupil identification information;
Personal non-official notes or materials;
Records of juries and the master jury list;
Teacher certification records in the Department of Education;
Records related to emergency functions developed by safety officials;
Information technology systems records, including cyber security plans;
Personal school records of pupils with objections under RSA 193-C:6;
Records under attorney-client privilege or the attorney work product doctrine;
Recordings, both video and audio, by law enforcement officers with some exceptions;
Youth Development Center claims administration and settlement fund records with the exemption of the settlement agreement.
Records about internal personnel practices, confidential, commercial, or financial information, and privacy invasion files;

New Hampshire Public Records Act

The New Hampshire Right to Know Law, enacted in 1967, emphasizes the vital role of transparency in public business for a democratic society. This law ensures maximum public access to all public agencies' discussions, actions, and records, fostering accountability. It establishes procedures for citizens to request and obtain public records.

Per New Hampshire RSA 91-A:1-a, public records encompass a wide range of information created, received, or stored by any New Hampshire public body or agency to advance its official function. Public records are in various formats, including documents, data, electronic files, and audio recordings. Some examples of accessible public records include:

Court records
Arrest logs
Inmate records
Warrants
Bankruptcy records
Meeting minutes and agendas of government boards and committees;
Records exceeding 100 years for births and 50 years for deaths, marriages, and divorces.

How Do I Find Public Records in New Hampshire?

To find public records in New Hampshire, inquirers can follow these steps:

Step 1: Determining the type of record needed and the custodian: This involves clear identification of the desired record and its custodian. This helps to facilitate the search of the public records and prevent unnecessary costs.

**Step 2: Verifying the availability of the record and the means of access: **This approach ensures that requesters are well-informed about the record's status and the appropriate means of access, aligning with the principles outlined in the New Hampshire Right to Know Law. They can accomplish this by checking the official website of the custodian's office or agency, where many records are often publicly accessible. If the desired information is unavailable, requesters must contact the record custodian to determine the preferred request method. This may involve visiting the custodian's office, emailing, or utilizing an online request form.

Step 3: Making a Request for Public Records in New Hampshire:

This involves preparing a written request that clearly outlines the information sought, ensuring it is as specific as possible to facilitate a prompt and accurate response. A formal public records request form can be submitted online, by mail, or by email, depending on the preferences of the public body responsible for the records. Requesters must follow custodian-specified requirements for submission to ensure prompt record retrieval. In most cases, the inquirer must provide a case number or page number to facilitate the search. For nationwide searches further information will be required to narrow the search including their record holder's district or city or residence as well as the location of the initial filing.

**Step 4: Clarifying Fees, Payment Procedures, and Ensuring Regulatory Compliance: ** Here, inquirers should thoroughly review and clarify the fee structures linked to obtaining public records. According to RSA 91-A:4, IV, if a public body uses its equipment to copy a governmental record, the requester is charged the actual cost of providing the copy. The range of costs for copies of public records and search fees in New Hampshire is approximately $0.50 to $25.

Find New Hampshire Public Records Free

Requesters can access specific public records in New Hampshire without incurring charges. In-person requesters can examine electronic case files at public access terminals at some record custodian offices. The following agencies also offer free online retrieval options:

The New Hampshire Secretary of State provides free access to certain public records through its Corporate Database.
The New Hampshire Judicial Branch offers free access to case information through the Case Access Portal.
Individuals can access offenders' information at no cost through the New Hampshire Department of Corrections (DOC) Inmate Locator.
The City of Nashua Assessing Department has a public portal where individuals can find property records at no charge.

What Happens if I Am Refused a Public Records Request?

Per New Hampshire RSA 91-A:4 IV(c), a public body or agency denying a public records request must provide a written statement of the specific exemption authorizing the denial. If an inquirer is refused a public records request, they can pursue resolution through two main avenues:

Firstly, they can petition the superior court for injunctive relief. In this case, the court is mandated to prioritize proceedings under the relevant chapter of the Law, and the petitioner can appear with or without counsel. The petition must state facts constituting a violation of the right-to-know law and can be filed by the petitioner or their counsel with the court clerk.
Alternatively, the aggrieved person can file a complaint with the right-to-know ombudsman, a position established under RSA 91-A:7-a. However, it's important to note that individuals are not permitted to petition the superior court and, at the same time, file a complaint with the ombudsman. The ombudsman's decision can be appealed to the superior court. If not appealed, it may be registered in the superior court as a judgment, enforceable through contempt of court against the noncompliant public body or agency.

How Long Does It Take to Obtain a New Hampshire Public Record?

The New Hampshire RSA 91-A:4 IV (a) requires all public bodies or agencies to respond to requests for public records within 5 business days. The response can include providing the requested records, denying the request with reasons, or requesting additional time. In the case of an extension, the custodian must furnish a written explanation and establish a reasonable deadline.