New Hampshire Arrest Records

In New Hampshire, an arrest occurs when an individual is suspected of violating the law and is taken into custody by a law enforcement agency. According to RSA 594:14-a, an arrest record is generated by law enforcement personnel to chronicle the arrest of an alleged offender aged 17 or older. The New Hampshire State Police, county Sheriff's offices, and local police departments are responsible for making arrests and generating arrest records in the state.

The information contained in an arrest record in New Hampshire typically includes:

• The person's full name
• Age, sex, and race
• Body description (hair and eye color, weight, and other identifying body details)
• Address
• Mugshots
• Fingerprints
• Date of arrest
• Location of arrest
• Suspected crime
• Identity of the arresting officer
• Reasons why and how the arrest was made
• Warrant information; if the arrest was initiated based on a warrant

Are Arrest Records Public in New Hampshire?

Yes, New Hampshire arrest records are open to examination and inspection per New Hampshire Right-to-Know Law. However, certain records may be deemed confidential and only accessible to authorized personnel like law enforcement agencies and courts. These records include arrest records of ongoing investigations, juvenile records, and personal identifying information of individuals whose safety may be at risk if their information is divulged.

How Do I Look Up Arrest Records in New Hampshire?

Arrest records can be obtained from local, state, and federal law enforcement agencies. For example:

• **County-level (Sheriff or local police department): **When an arrest is made in a New Hampshire county, the local police department is responsible for creating and managing the arrest report. Thus, persons interested in accessing an arrest record can contact the law enforcement agency that carried out the arrest. Some agencies have an online database (usually called an arrest log) of arrest records accessible to the public. An example is the weekly arrest log of the City of Dover Police Department. A public record request (for arrest records) may also be made in person, via mail, fax, or email. The request options available and the cost of obtaining the record usually differs with the agency.
• **New Hampshire State Police: **The New Hampshire State Police manages arrest records at the state level. Arrest records can be viewed online or requested in person during business hours by visiting the public counter at the Criminal Records Unit located at:

33 Hazen Drive

Room 106A

Concord, NH 03305

Inquirers may also submit a mail-in request for the record directly to the Unit. However, while an in-person request for criminal history requires valid identification, mail-in requests require the request form to carry a Notary Public or Justice of the Peace signature, date, and seal.

Criminal history records of persons in New Hampshire are only released to the subject of the record or individuals authorized by the record holder. The Criminal Record Release Authorization Form must be filled out by the subject of the record and a third party if it is a third-party request. Each request costs $25 payable in cash, money order, or credit card (in-person request only).

• **Federal Bureau of Investigation (FBI): **A New Hampshire arrest record can also be requested at the federal level from the FBI. However, the FBI does not release criminal history records to third parties. Requests may be made through the following ways:
• Online: To request arrest records from the FBI online, inquirers must visit their dedicated web page for online applications and submit an email address to initiate the process. Then, a secure link and a personal identification number will be sent to the email address and will be used to complete and check the status of the online application. The applicant must also submit fingerprints at any USPS location for processing. It takes around 15 days for the process to be completed.
• Mail: Inquirers can submit a request by mailing in a Signed Applicant Information form, fingerprint card, and payment ($18) to:

FBI CJIS Division – Summary Request

1000 Custer Hollow Road

Clarksburg, WV 26306

• FBI-Approved Channeler: An approved channeler is a private business contracted with the FBI that aids individuals in submitting a criminal history request. The channeler collects all necessary information from the applicant and submits a request on behalf of the applicant.

Free Arrest Record Search in New Hampshire

Local law enforcement agencies in New Hampshire (County Sheriff of Police Department) each maintain online databases or portals accessible to the public. Individuals can access basic information about an arrest made by the agency on these portals for free. For example, the New Hampshire State Police Criminal Offenders portal can be used to access arrest information of sexual offenders/offenders against juveniles. A search can be conducted using the offender's first name, middle initial, surname, address, city, county, and zip code. Inquirers may also visit law enforcement and request information regarding arrested individuals in their judicial districts. On-site requests typically take less time and come at no cost to the inquirer, except they require copies of a specific arrest-related document.

How Long Do Arrests Stay on Your Record in New Hampshire?

New Hampshire law does not specify an exact duration for which arrests are to remain on a person's record. Hence, New Hampshire arrest records are typically retained forever unless sealed or expunged. RSA 615:5 permits individuals with an arrest history to apply for annulment if they satisfy the state's eligibility requirements.

How to Seal Arrest Record in New Hampshire

Individuals with a history of arrest can petition the sentencing court to have the arrest record annulled per RSA 615:5. A petition can be made if:

• The person was found not guilty of all charges resulting from the arrest;
• The court case was dismissed or not prosecuted;
• The court vacated the conviction.

To be eligible for expunction, record holders convicted and incarcerated for an offense must have fulfilled all terms and conditions of their sentence. The individuals must then fulfill a waiting period before applying, during which they must not be convicted of any other offense. This waiting period typically depends on the offense committed. Some crime categories and their typical waiting period are as follows:

• Class A misdemeanor - 3 years
• Class B felony - 5 years
• Class A felony - 10 years
• Sexual assault - 10 years
• Felony indecent exposure or lewdness - 10 years
• Misdemeanor domestic violence offense - 10 years

Upon receiving the petition, the court reviews the request and decides to grant or deny the request. Before an annulment, the court grants the prosecutor a copy of the petition. The prosecutor may object to the annulment of the record. If the objection is deemed reasonable by the court, the record will be retained. Otherwise, it will be removed or annulled. If the petition is denied, a new one may only be submitted after 3 years.

An expungement petition will not be received for violent crimes, felony obstruction of justice, or if the person has been convicted of more than one crime.