Are Arrest Records Public in New Hampshire?
Arrest records in New Hampshire are public unless they are sealed by a court order. New Hampshire statutes provide that all arrest records shall be available for public inspection unless sealed by a court order. Any person who has been arrested has the right to petition the court to have their arrest record sealed. Once an arrest record has been sealed, it can only be unsealed by order of the court. The court will only unseal an arrest record if it finds that the interests of justice would be served by doing so.
In New Hampshire, arrest records are generated by law enforcement agencies when an individual is arrested. The documents are then forwarded to the New Hampshire State Police, who maintain a central database of all arrest records in the state. Unlike New Hampshire criminal records, arrest records are not proof of the record-holder's guilt, as not everyone who is arrested is convicted.
Arrest records are helpful for various functions, including employment screening and background checks. Individuals can also use them to check on the criminal history of someone they know.
New Hampshire's public records law (RSA 91-A) allows anyone to request arrest records from the state police. There is no fee for requesting documents, but there may be a charge for copying and mailing them. Requests can be made in person, by mail, or online. However, there are certain circumstances under which arrest information is restricted from public disclosure. Below are confidential arrest records in New Hampshire:
- Sealed/expunged arrest records
- Juvenile arrest records
- Arrest information contained in investigatory records
- Arrest records that reveal the identity of unknown informants.
What is Considered an Arrest Record in New Hampshire?
An arrest record is a document that contains information about an individual who has been arrested by law enforcement. Arrest records are maintained by both local and state law enforcement agencies and are used for various purposes, including background checks and keeping track of individuals who have a history of criminal behavior.
What Shows Up on an Arrest Record in New Hampshire?
Arrest records typically contain the following information:
- The name, age, and address of the individual
- A physical description of the individual
- The date and time of the arrest
- The location of the arrest
- The charges against the individual
- The circumstances surrounding the arrest
- The name of the arresting officer or officers
- The name of the prosecuting attorney or attorneys
- The outcome of the case, if known
- Any other relevant information about the case or alleged offense
Who Can Access Arrest Records in New Hampshire?
New Hampshire arrest records can be accessed by anyone. However, only law enforcement agencies can access sealed arrest records. Other institutions that may be able to access arrest records without restriction include:
- The courts
- The Department of Corrections
- The Board of Pardons and Paroles
- Specific state and local government agencies
- Certain private companies that provide background checks
New Hampshire Arrest Statistics
The New Hampshire Crime Statistics is the central repository for arrest statistics in the state. A requester must select the state or name of any county, a year, and a theme to be able to access arrest data. As of 2021, over 11,700 violent crimes and DUI/drug arrests were made in New Hampshire. Violent crimes alone accounted for 697 arrests. This was 19.24% less than the number of violent crime arrests recorded in 2020. About 559 (85.9%) of those arrested for violent crimes in 2021 were males, while 98 (14.1%) were females. About 8,452 of those arrested in 2021 committed crimes involving drugs and alcohol.
How Do I Lookup Someone's Arrest Records in New Hampshire?
New Hampshire residents may request arrest records in two ways.
First, they can contact the New Hampshire State Police at (603) 223-3856. Otherwise, they may query the New Hampshire Department of Corrections at (603) 271-5600.
Arrest records are public documents in New Hampshire and may be requested by any member of the public. There is no fee for requesting arrest records from either the State Police or the Department of Corrections. However, there may be a charge for copies of police reports or other documents that are part of the arrest record.
Requestors are required to have as much information about the individual as possible when requesting arrest records, such as their full name, date of birth, and last known address. It is also helpful to have the case number or docket number. Arrest records can be requested in person, by mail, or online.
The New Hampshire State Police maintains a central repository of all criminal records for the state. The State Police provides an online searchable database of arrest records on their website. The search can be conducted by name, date of birth, or case number.
The New Hampshire Department of Corrections also maintains a central criminal records database. However, this database is not available to the public and can only be accessed by authorized personnel. The Department of Corrections also offers an online Inmate Lookup tool that can be used to find inmates currently incarcerated in a New Hampshire state prison.
How to Subpoena Arrest Records in New Hampshire
Arrest records may be subpoenaed in New Hampshire if the person requesting the records can demonstrate that they have a legitimate need for them.
Subpoenas are legal documents that order a person or organization to produce certain records. In New Hampshire, subpoenas can be issued by a court or an attorney representing a party in a legal case.
The person requesting the records must first fill out a subpoena form to subpoena arrest records. The form must include the name and address of the person or organization with the documents and a brief description of the requested records. Once the form is complete, it must then be served to the person or organization named in the subpoena. In the case of New Hampshire arrest records, this would be the state's Department of Corrections.
The person or organization that receives the subpoena must then respond to it within a certain period, typically ten days. If they do not respond, or if they do not have the records requested, they may be held in contempt of court.
Arrest records that have been subpoenaed can be used as evidence in a legal case. However, before they can be used, the records must be authenticated by the person who subpoenaed them. This can be done by having the person who received the subpoena attest to its authenticity in court.
How to Search for an Inmate in the New Hampshire Prison System
The New Hampshire Department of Corrections website provides an online searchable database of all inmates currently incarcerated in the state prison system. The database can be searched by name, date of birth, or inmate ID number. Results will include the inmate's name, date of birth, race, gender, and location.
Users who are unsure of an inmate's name or other identifying information can use the Department of Corrections' offender search function to conduct a more general search. This search will return all offenders whose names match the criteria entered. The requestor can then narrow down their results by clicking on specific offender profiles and viewing their individual information.
How Do I Find Out if Someone Was in Jail in New Hampshire
When seeking information on someone who may have been incarcerated in New Hampshire, the first step would be to contact the New Hampshire Department of Corrections. The department can provide requestors with information on inmates who are currently or have previously been in the state's custody.
The requesting party can also search online databases such as the New Hampshire Inmate locator. This tool can help users find out if someone has been incarcerated in a New Hampshire state prison. They will need to provide the individual's name and date of birth to use the search function.
Additionally, requesters can check with the county where the person was arrested. Each county maintains its records on arrests and incarcerations. The county sheriff's office would be the best place to start this search.
If the person was arrested and then released on bail, information on their case should be available through the court where they were tried. Public records for criminal cases are typically available online through the court's website.
In New Hampshire, it is also possible to request arrest records from the state police. The state police maintain a central repository of all arrest records in the state. Requesters can submit a request for these records by mail, fax, or in person.
How to Find Recent Arrests in New Hampshire
Individuals can find recent arrests online or in person at the New Hampshire Department of Corrections (NHDOC). Online requests can be made by clicking the “Inmate Locator” at the left bar or the “Locate an Inmate” button on the NHDOC homepage. A search can be conducted by entering all or part of the last name AND/OR a first name. A list of names related to the search will be displayed on the screen. Scroll through them to view the arrest record. The search results will reveal the arrestee’s full name, age, inmate ID, term ID, booked date, facility, case ID, offense date, docket, and court. In-person requests can be made by visiting the NHDOC during business hours. The arrestee’s name or inmate ID would be required to complete the search. The office is located at:
New Hampshire Department of Corrections
105 Pleasant Street
Concord NH 03302-1806
Phone: (603) 271-5600
Fax: (888) 908-6609
Email: feedback@doc.nh.gov
How Long Do New Hampshire Arrest Records Stay on File?
The length of time an arrest record will stay on file depends on several factors, including the severity of the crime and whether or not the case went to trial. However, most arrest records will remain on file for at least seven years.
Are Arrest Reports Public in New Hampshire?
An arrest report is a legal document that contains information regarding an arrest process. It contains the arrestee’s personal data, charges, city of violation, arrest address, name of the arresting agency and originating agency, and the arrest date and time. Arrest reports are usually maintained by law enforcement agencies in New Hampshire. For example, requesters who want to get arrest reports from the City of Laconia Police Department by calling the Prosecutor's Office at (603) 524-2330. Generally, arrest reports are confidential and only open to defendants facing criminal charges, their legal representatives, and anyone with a court order that authorizes the disclosure. Typically, the information contained in an arrest report can be found in an arrest record. Unlike arrest reports, arrest records are available to the public.
How to Obtain Arrest Records for Free in New Hampshire?
The state of New Hampshire offers free online access to criminal history records through the New Hampshire State Police website. They can also request copies of arrest records from the clerk of court in the county where the arrest occurred. However, there is usually a fee associated with this service if the requesting party opts to obtain copies of the record of interest.
To obtain arrest records through the New Hampshire State Police website, visit their Criminal Records section and click on the 'Criminal Record Request' link. The user will be able to fill out an online form with the necessary information. Once the form is complete, submit it and wait for a response from the State Police.
If the requester would prefer to request copies of arrest records in person, they can do so by visiting the court clerk in the county where the arrest occurred. The clerk's office will have a record of all arrests made in that county, and they will be able to provide them with copies of those records upon request. However, more often than not, requestors that require a copy of the desired record will need to pay a nominal fee to cover its cost.
How to Search for a New Hampshire Arrest Record Online Using a Third-Party Search Service
Alternative to going through the New Hampshire State Police, interested persons may also use a third-party search service to look for New Hampshire arrest records. While not affiliated with the state, these services can provide detailed and up-to-date reports on an individual's criminal history.
To search for an individual's New Hampshire arrest record with a third-party site, the requester can put their name and state into the search bar on the website. In most cases, they will be provided a full report that includes details on any arrests or convictions in the state of New Hampshire. Reports typically include information on the offense, date of arrest, and disposition of the case.
How to Correct an Arrest Record in New Hampshire
Interested and eligible persons may petition to have their New Hampshire records revised if they find that the records have a mistake.
To do so, the record holder can follow these steps:
- Gather as much evidence as possible to support their claim that the record is inaccurate: This may include court documents, police reports, and other official records.
- Write a letter to the New Hampshire State Bureau of Identification requesting that the record be revised.
- The Bureau of Identification will review their request and determine whether or not the record should be revised.
- If they determine that the record is inaccurate, they will make the necessary changes and notify them of their decision in writing. If they decide that the record is accurate, they will also inform them in writing of their decision. Either way, the requestor will have the right to appeal the decision if they feel it is incorrect.
How to Expunge Arrest Records in New Hampshire
Persons seeking to expunge their New Hampshire arrest records may do so in the following steps:
- Obtain a certified copy of their criminal history from the New Hampshire State Police.
- File a petition for expungement in the Superior Court in the county where they were arrested.
- Serve a copy of the petition to the prosecuting attorney.
- Attend a hearing on the petition.
- If the court grants their request, obtain an expungement order from the court.
- Send a copy of the order to the New Hampshire State Police.
If the individual has been arrested but not convicted, they may be eligible for immediate expungement.
