Search New Hampshire Arrest Records Online

What is Considered an Arrest in New Hampshire?
Are Arrest Records Public in New Hampshire?
What are the Types of Arrest Records in New Hampshire?
How Long Do Arrests Stay on the Record in New Hampshire?
How To Seal or Expunge an Arrest Record in New Hampshire?

What is Considered an Arrest in New Hampshire?

Section 594:1 of the New Hampshire Revised Statutes generally defines an arrest as taking a person into custody so that the arrestee may answer for the commission of a crime. An offender may be arrested by a law enforcement officer or a private citizen. When a law enforcement officer makes an arrest, it may be with or without a warrant. However, private citizens typically only make warrantless arrests. New Hampshire's common law allows private citizens to arrest individuals whose actions threaten public order. Hence, a private individual in New Hampshire may make a warrantless arrest of a person who has committed a felony and an individual who has committed misdemeanor breaches of the peace in the presence of the arresting citizen.

Whether a law enforcement officer is making an arrest with or without a warrant, state law requires that there must be probable cause to believe that the person to be arrested has committed, is committing, or is about to commit a crime. Probable cause exists to arrest if, at the time of the arrest, the facts within the knowledge of the arresting office or the collective knowledge of the police are reasonably trustworthy and sufficient to warrant a person of reasonable caution and prudence to believe that the person being arrested has committed or is committing the crime for which the arrest is being made.

A lawful arrest in New Hampshire has the following general components:

Probable Cause: Law enforcement must have probable cause to believe the individual has committed a crime. Probable cause may be based on direct observation, witness statements, evidence, or other factors that would lead a reasonable person to believe the suspect is involved in criminal activity.
Legal Authority: Chapter 594 of New Hampshire Revised Statutes provides the legal authority for arrests in the state. When making an arrest, the arresting officer must identify themselves as law enforcement and inform the individual that they are under arrest. This notification must include stating the reason for the arrest.
Miranda Rights: If law enforcement intends to interrogate the suspect while in custody, they must inform the individual of their Miranda rights, which include the right to remain silent and the right to an attorney. If these rights are not read, any self-incriminating statements made by the individual may be inadmissible in court.
Custody and Control: After the arrest, the officer takes the individual into custody, restricting their freedom of movement. The officer may be said to be in control of the arrestee.
Physical Restraint: Restraining the arrestee is typically done to ensure that the arrestee does not escape or cause harm to themselves or the public. While officers are permitted to use force to make an arrest, the force must be reasonable and proportional to the circumstances. Section 594:4 of the New Hampshire Revised Statutes states that no unnecessary or unreasonable force or means of restraint may be used in arresting a person.
Booking: Once the arrestee arrives at the detention facility, they will undergo a formal booking process, which typically includes recording their names, charging information, and other details such as mugshots and fingerprints.

Arrests may be made in New Hampshire for felonies, misdemeanors, and violations, such as:

Driving under the Influence
Drug-related offenses
Assault and domestic violence
Theft and property crimes
Disorderly conduct
Probation and parole violations
Traffic violations
Fraud and financial crimes

While many persons use the term detention interchangeably for arrest, the terms have different meanings. Detention involves law enforcement temporarily holding individuals for investigation or questioning, without necessarily charging them with a crime. Detention aims to gather information, assess the situation, and ensure public safety. During detention, the detained individual is not in full custody and may be released after questioning if law enforcement finds no probable cause. On the other hand, an arrest occurs when law enforcement takes someone into custody because they have probable cause to believe the person has committed a crime. An arrest results in formal charges and limits the individual's freedom pending legal proceedings.

What is Unlawful Arrest in New Hampshire?

An unlawful arrest in New Hampshire generally occurs when a person's freedom of movement is restricted without proper legal authority or justification. This typically involves one or more of the following elements:

Lack of Probable Cause: An arrest is unlawful if law enforcement does not have sufficient evidence or reasonable grounds to believe the individual committed a crime. Without probable cause, any arrest becomes illegal.
Failure to Obtain a Warrant for an Arrest that Requires a Warrant: In situations where a warrant is required, failing to obtain or present a valid warrant makes the arrest unlawful.
Racial Profiling and Discrimination: Arrests based on racial bias, ethnicity, or other forms of discrimination rather than actual evidence violate both state and federal constitutional protections, making the arrest unlawful.
Procedural Violations: Law enforcement must follow proper arrest procedures, including informing the individual of the reason for their arrest and reading their Miranda rights if interrogation is planned. Failure to do so could render the arrest unlawful.
Mistaken Identity: Arresting the wrong person due to confusion or failure to verify identity may result in an unlawful arrest. Law enforcement must ensure the individual being detained is the correct suspect.
Arrest Outside Jurisdiction: Law enforcement officers generally have the authority to make arrests only within the boundaries of their jurisdiction, such as a specific town, city, or county. The arrest is considered unlawful if an officer makes an arrest outside their designated area without proper legal authority, such as lacking cooperation or permission from local law enforcement in that jurisdiction.

Common consequences of an unlawful arrest in New Hampshire typically include:

Dismissal of Charges: If the arrest is deemed unlawful, any charges that stem from the arrest may be dismissed in court.
Civil Rights Lawsuits: The individual unlawfully arrested may file a civil lawsuit against the arresting officer, police department, or other parties for violating their constitutional rights. This may result in monetary damages awarded for wrongful arrest, medical expenses, or emotional distress.
Suppression of Evidence: Any evidence gathered as a result of the unlawful arrest, including confessions or physical evidence, may be excluded from trial.

Are Arrest Records Public in New Hampshire?

Arrest records are generally public except in limited circumstances. The New Hampshire Right-to-Know Law allows the public to request arrest records from the custodian of the records. According to Section 591:14-a of the New Hampshire Revised Statutes, when you request arrest records in the state, you may expect to access the following information at a minimum:

The identity of the arrestee
The identity of the arresting officer unless the officer's supervisor has good reason to believe that identifying the arresting officer would not serve the interest of the public
A statement describing why and how the arrest was made
The alleged crime
Whether the arrest was made under a warrant

The following information is typically unavailable to the public when you request arrest records:

Annulled arrest records
Juvenile arrest records
Information related to the identity of police informants

What are the Types of Arrest Records in New Hampshire?

Arrest records in New Hampshire are maintained at local and state levels by the respective law enforcement agencies. Local police departments and county sheriff's offices are responsible for keeping records of arrests made within their jurisdictions. These records typically include details such as the arrestee's name, personal information, date and location of the arrest, charges, and bail details. These local arrest records are available to the public upon request, subject to certain legal restrictions. Local-level arrest records do not prove the guilt of the individual named on the record, as not all arrestees are convicted.

At the state level, arrest records are maintained as part of New Hampshire's criminal history records. The New Hampshire State Police – Criminal Records Unit oversees these records, compiled from various law enforcement agencies across the state. These records contain detailed information on arrests, including personal details, charges, and the outcomes of criminal cases. New Hampshire state-level arrest records generally offer a more comprehensive view of an individual's criminal history within New Hampshire.

Where are Arrest Records Kept in New Hampshire?

The following agencies generally keep arrest records in New Hampshire:

County Sheriff's Offices and Local Police Departments: Local police departments and county sheriff's offices keep records of arrests made by their officers. These records form the basis of local-level arrest records in New Hampshire.
New Hampshire State Police: The Department of Safety maintains state-level arrest records, also called criminal history records, through its Division of State Police. These records typically contain more than just arrest information; case dispositions and sentencing information may also be found in them.
New Hampshire Courts: The New Hampshire judiciary maintains records of arrests leading to court cases as part of court records.
Federal Agencies: The Federal Bureau of Investigation (FBI) maintains a national database of criminal records, including arrests made by federal agencies and state and local law enforcement when the crimes involve federal offenses or cross state lines.
Correctional Facilities: The Federal Bureau of Prisons maintains arrest records of inmates in the only federal correctional institution in New Hampshire, FCI Berlin. The New Hampshire Department of Corrections keeps inmate records (including arrest information) for state-managed correctional institutions.

How To Find Public Arrest Records in New Hampshire?

You may find New Hampshire arrest records by:

Visiting Local Police Departments and County Sheriff's Offices: Local police departments and county sheriff's offices serve as the primary custodians of arrest records for arrests occurring within their respective jurisdictions. To obtain an arrest record in a specific city or county, contact the relevant police department or sheriff's office to learn about their request process. Typically, most agencies provide dedicated forms for these requests, which may be submitted in writing. Requesters may usually submit their requests in person or by mail, though some agencies also offer online databases where the public may access information on recent arrests.
Submitting a Request to the Bureau of Criminal Identification in the Department of Public Safety: Administrative Rule Saf-C 5700 and Section 1064:14 of the New Hampshire Revised Statutes Annotated authorizes criminal history record information dissemination for non-criminal justice purposes. Note that all criminal history record information is considered confidential and may only be released upon the knowledge and permission of the individual to whom the request is made.

You may request your full confidential record from the state police by submitting a completed Criminal Record Release Authorization form to:

Criminal Records Unit

Department of Safety

Division of State Police

33 Hazen Drive, Concord, NH 03305

If the request is to be released to a third party, Sections I and II of the authorization form must be completed. If you are requesting your record, only Section I of the form is required to be completed. When mailing your request, a notary public or justice of the peace signature, seal, and date are required. However, a government-issued photo ID is required if you submit the request at the public counter at the Criminal Records Unit.

Note that a $25 fee is required for each request. This fee may be paid by check or money order made out to the State of NH-Criminal Records. Credit cards are only accepted at the public counter.

Accessing New Hampshire Court Records: New Hampshire court records may be searched in person by visiting the courthouses where the case was filed. If the court provides a public access terminal to search case information, you may use it to search. Otherwise, you may contact the court clerk's office to search or obtain copies of a court record. Also, the New Hampshire judiciary provides a case access portal for the public to view electronic case information online.
Using Third-Party Websites: Third-party services like RecordsFinder generally provide a convenient way to search for New Hampshire arrest records. These independent websites often offer immediate access to large databases of public records. However, since they are not affiliated with official government agencies, the information they provide may not always be current.

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

Arrest records remain permanently on your record in New Hampshire unless they are annulled. The state does not provide for the automatic expungement of arrest records.

How To Seal or Expunge an Arrest Record in New Hampshire?

When you are arrested or convicted of a criminal offense in New Hampshire, it becomes part of your permanent criminal record. Law enforcement officers and potential employers, landlords, and financial institutions may access this record in a background check. Having an arrest record may significantly impact the outcome of such checks, making it harder to find a job or enjoy certain privileges. However, New Hampshire generally offers individuals a form of record relief via a legal process referred to as annulment. Although other states refer to this process as expungement, New Hampshire's annulment process is outlined in Section 651:5 of the state's Revised Statutes Annotated. Annulments in New Hampshire allow for the removal of certain criminal arrests and convictions from state and FBI criminal history records.

In New Hampshire, individuals are allowed to petition the court to annul records of their arrest, conviction, and sentence. The court's decision depends on several factors, typically including the time elapsed since the case concluded, the outcome of the case, whether granting the annulment would help in the petitioner's rehabilitation, and whether it would pose any risk to public safety. A hearing is not required for the court to decide unless the petitioner specifically requests one. The court reviews each case on its merits and has discretion in granting or denying annulments.

If you have been convicted of a crime, you must have a certain amount of time before you may submit an annulment petition for the criminal record. Per state law, you may request an annulment of your arrest record, court record, or both at any period if your case resulted in a finding of not guilty, was dismissed, or not prosecuted.

If you want to annul a convicted record and the related arrest record, you must have satisfied all the conditions and terms for the sentence passed and not be convicted or accused of any other offense. The following periods are also applicable before you may submit an annulment petition:

Class A misdemeanor: Three years
Class B misdemeanor: Three years
Class A felony: Ten years
Class B felony: Five years
A violation that is not an offense specified under habitual offender laws: One year
A sexual assault: Ten years

The state does not permit the annulment of the arrest records related to the following crimes:

Any obstruction of justice
A violent crime
A crime resulting in an extended term of imprisonment under Section 641:6 of the New Hampshire Revised Statutes Annotated

Upon determining that your arrest record is eligible for annulment under New Hampshire expungement laws, you may follow these steps to complete the process:

Obtain your criminal record from the New Hampshire State Police Criminal Records: You may use the Criminal History Record Information Release Authorization Form to obtain your criminal record from the state police. Note that you are required to check the reason code "Annulment/Expungement," check the "Other" box, and write that you want a "full and confidential" record under the "Purpose of Record" section. If you send the request via mail, the form must be notarized.

You may also need to obtain your driving record from the New Hampshire DMV. Also, obtain all case summaries from all courts where you would like an annulment. The state judiciary encourages applicants to check their FBI records. However, annulments federal charges must be filed through federal court to annul.

File your Petition to Annul: Once you have the information to complete your requirement forms, you may fill out the Petition to Annul. You may request the form from the district or superior court or download it from the New Hampshire courts website.

Submit the completed form to the court where your case was handled or the superior court in the county where you were arrested. Once your petition is filed, the court will notify the prosecutor's office involved in your case. The prosecutor is allowed to respond and may object to your annulment request.

Wait for the Prosecutor's Response: Upon reviewing your request, the prosecutor may support the annulment, oppose it, or file no response. If the prosecutor objects, they must submit reasons for the objection. The process may proceed without a court hearing if the prosecutor does not object.
Attend a Hearing: If a hearing is required in your case, you must attend to present reasons for seeking annulment and why it would be in the interest of justice for your petition to be granted. The judge will review your reasons and the prosecutor's objections in deciding.
Court's Decision: If the court approves your annulment petition, it will mail a notification to the criminal records unit of the New Hampshire State Police to remove your record from public view. If the offense finding is dismissed, not guilty, or nol prossed, the charge will be removed from the New Hampshire criminal history within 1-2 business days. If the offense finding is guilty, a payment letter will be sent to the criminal records unit of the NHSP requesting the required fee of $100. Payment may be made in person using a check, money order, cash, or credit card. You may use a check or money order if payment is to be made via mail.

If you have further inquiries about annulling arrest records in New Hampshire, call the state police at (603) 223-3867 and select option #3.

Note that the following fees are typically associated with an annulment in New Hampshire: