Are New Hampshire Criminal Records Public?
Yes, RSA 106-B:14 allows anyone to apply for New Hampshire criminal records at any time. While the standard for criminal record collection and storage varies from county to county, the majority of New Hampshire criminal records are organized in depositories that are available to the public in the form of a Criminal History Record Information (CHRI) managed by the New Hampshire Department of Safety’s Criminal Record Unit. The CHRI contains the entire criminal record of an individual, including serious traffic violations, arrests, court trials, and outcomes. Interested persons can obtain New Hampshire state public criminal records by applying in person or by US mail.
Criminal records, considered public in the United States, are made available through some third-party aggregate sites. Searching with third-party websites is often easier as the information is not limited to geographic record availability. Information found on third-party websites can serve as a jumping off point for parties searching for a specific record or multiple records. Typically, requesters must provide the following information to gain access to these records:
- The record subject’s name, unless the subject is a juvenile.
- The record subjects’ last known location, including cities, counties, and states.
Third-party websites offer these search services, but they are not government sponsored. Availability of records may vary.
What is Considered a Criminal Record in New Hampshire?
New Hampshire criminal records are a collection of information and documents from law enforcement agencies and criminal justice departments containing a person’s criminal history. Also known as a rap sheet, it includes run-ins with New Hampshire law enforcement agencies and details the subject's journey through the criminal justice system in New Hampshire.
What Shows Up on a Criminal Record in New Hampshire
Information that may appear on a Nevada criminal record includes the following:
- Name of the offender
- Age, date of birth
- Physical description, eye color, height, weight,
- Race
- Date of arrest
- Charges or reasons for arrest, class of offense, law violated
- Date the offense occurred
- Plea entered and recorded
- Finding (results in a conviction or acquittal
- Sentence if convicted
- Other possible outcomes (placed on file without or with finding, not prosecuted)
Criminal records in New Hampshire are collated with the Automated Fingerprint Identification System (AFIS) and permanently stored in the repository unless removed by annulment granted by a court with jurisdiction.
How to Obtain Criminal Records in New Hampshire?
The New Hampshire Department of Safety’s Criminal Record Unit is responsible for issuing Criminal History Record Information (CHRI) to the public. Interested persons may apply for criminal records in person or by mail. In-person applicants may visit the Department of Safety’s public counter any time from 8:15 AM - 4:15 PM at:
New Hampshire Department of Safety
Division of State Police
Central Repository for Criminal Records
33 Hazen Drive
Concord, NH 03305
Phone: (603) 223-3867
Mail-in applicants writing to get a criminal record search do not need to notarize their written requests. They can simply attach a copy of a valid photo ID and the $25 application fee, and send the package to the above address.
Interested persons may also obtain New Hampshire criminal records by visiting the superior courts and searching for on-demand court records. The New Hampshire Judicial Branch also makes criminal case information available to the public on its website. These documents are freely available to anyone looking for a free public criminal record check.
Are New Hampshire Arrest Records Public?
Yes, New Hampshire arrest records are public, per RSA 106-B:14. The New Hampshire State Police Justice Information Bureau Criminal Records Unit is responsible for collating criminal records. However, most local police departments or county sheriff’s offices retain copies of their public arrest records and will provide them upon request through an arrest search. While free arrest records exist, the information offered in them may be incomplete.
Although the law stipulates that arrest records are in the public domain, there are certain circumstances in which a law enforcement agency may withhold arrest records from the public, such as:
- Revealing the records may threaten national security.
- The information highlights the agency’s internal rules and practices.
- The information includes privileged, confidential communicative exchanges between two agencies.
The information is reserved for law enforcement purposes in a court case or an investigation or could reveal a confidential source.
What is Considered an Arrest Record in New Hampshire?
New Hampshire arrest records contain the official information kept and or released by law enforcement agencies detailing the apprehension or detention of persons on the allegation or suspicion of a crime. An arrested person is immediately deprived of their personal liberty and can no longer go anywhere they please or refuse to go with the officers. Refusing to follow the Police officer (including probation and local officers) is an offense under the New Hampshire Criminal Code, described as obstructing governmental operations or resisting arrest.
If a warrant of arrest was issued for the arrestee’s arrest, the officer may show them the warrant, if practicable at the time of arrest, inform them of the reasons for their arrest and if not at the time of arrest, the earliest practicable time afterward.
An arresting officer is required to document the arrest process, including the date and address, or area in which the arrest took place, anything said by the arrestee, reasons for the arrest. Arrest records when completed often contain the:
- Arrestee's fingerprint
- Subject's name
- Physical descriptions
- Age
- Photograph (mugshot)
- Alleged offense
While New Hampshire police records and arrest records are commonly thought to be the same, they are different. Arrest records are one of the components of police records, but police records also include police reports, incident reports, and law enforcement actions.
New Hampshire Arrest Warrants
A New Hampshire arrest warrant provides police officers with the official authority to apprehend and/or take into custody individuals named on the document. They're issued by a judge or magistrate. A police officer or local law enforcement officer seeking to obtain an arrest warrant must substantially convince the court that they have reasonable grounds to believe the prospective arrestee has committed a crime or is involved in criminal activity.
New Hampshire does not have a statewide database for individuals to look up New York warrants. Interested parties can use the DEA Fugitive Search tool or the U.S. Marshall's Warrant Information System to perform an active warrant search.
In New Hampshire, the police can arrest a person for committing a crime even without an active warrant. In most cases, this occurs when the person commits the crime in an officer’s presence. Although private citizens are discouraged from carrying out arrests, a private person may arrest another, without a warrant if the other has committed an offense that amounts to a breach of peace, felony, or misdemeanor in the presence of the private citizen.
How to Lookup New Hampshire Inmate Records?
New Hampshire inmate records are official documents of information about a person located in any of the correction facilities under the administration of the New Hampshire Department of Corrections (NH DOC). Jail records also reveal information on persons in county jails. Persons serving prison or jail terms are usually serving a sentence for a specified period, ordered by a court as a consequence of a criminal conviction.
Inmate records are not confidential, the public may perform an inmate search through the DOC online or by contacting the facility in which the inmate is located. The information available in an inmate lookup may include:
- The inmate’s name
- Age
- Facility located
- Maximum sentence
- The minimum sentence that they must serve
- Inmate identification number
How Do I Find Sex Offenders in New Hampshire
The New Hampshire sex offender registry contains publically accessible information on persons who have been found guilty by a New Hampshire court of a sexually related or sexually motivated crime. A sex offender who is allowed to return to society may be released under strict conditions of probation, including registration as a sex offender in New Hampshire. Registered sex offenders are required under the law to submit their personal data and other relevant information to law enforcement agencies within the specified schedule.
Per Megan’s Law, information on registered sex offenders is available or listed online as a general notice of the sexually motivated crime and the offender to the public.
Understanding DWI Laws in New Hampshire
A Motorist who is found guilty of DWI in New Hampshire is liable to face stiff penalties. New Hampshire’s police officers monitor the roads for drivers whose ability appears impaired and ask them to submit to field sobriety tests. Per NH RSA 265-A:2 and NH RSA 265-A:3, the police may arrest anyone operating a motor vehicle with a measurable blood alcohol content (BAC) of 0.08% or more. The BAC limit is 0.04% for commercial drivers and 0.02% for drivers between 16 - 21 years old.
According to the state’s laws, the penalties for drunk driving range from seventeen days to one year in prison, $500 - $2000 in fines, and they may lose their driver’s license for nine months or a lifetime.
New Hampshire Misdemeanors Laws: Offenses and Penalties
A misdemeanor is any offense under the New Hampshire Criminal Code or any other New Hampshire law for which the maximum penalty for a conviction will not exceed one year in confinement. Misdemeanors committed by a natural person are classified as Class A or Class B misdemeanors. When committed by a legal person or corporate entity, misdemeanors are not separated into categories.
- Class A misdemeanors are serious offenses that could result in jail time of up to 1 year for the convicted offender with or without a fine of up to $2000, and probation may be imposed.
- Class B misdemeanor. A conviction for a Class B misdemeanor, though a criminal conviction, carries no risk of jail time. However, probation and a fine may be imposed. A class B misdemeanor will appear on the offender’s criminal records, accessible to the public.
New Hampshire Felony Laws: Offenses and Penalties
Felonies are the most serious category of offenses in New Hampshire. They carry the longest possible jail terms with the sternest and most uncompromising sentences for a conviction. New Hampshire law categorizes felonies into two classes: Class A felonies and Class B felonies.
Very serious crimes such as murder, kidnapping, arson of an occupied building, assault with serious bodily harm. rape, are prosecuted as Class A felonies and may be punishable with up to 15 years of imprisonment, depending on the circumstances of the case, judge, jury, and the applicable court rules.
Class B felonies are a lesser category of felonies because they carry shorter prison terms. They are still very serious offenses and may be punishable for up to 7 years imprisonment, exclusive of a fine. The court applies the law and criminal procedure in determining the appropriate punishment for a conviction or conviction for a repeat offense or offender.
Are New Hampshire Parole Records Open to the Public?
Parole records are official documents that include information about the early conditional release of inmates who agreed to submit to the terms and conditions of their release stipulated by the Adult Parole Board. Inmates eligible for parole must have completed the minimum sentence in state prison and showed good behavior. If granted, parolees are allowed to serve the remainder of their sentence within the community under the supervision of the NH DOC and the parole officer.
Are New Hampshire Probation Records Public?
Probation records provide information on an offender who has been ordered by the court to serve a specified term within the community under the supervision of the NH DOC. The probation period is a maximum of 5 years for a felony and two years for a Class A felony for each offense for which a probationer is charged and sentenced. While within the community, the probationer is required to abide by strict rules and regulations, such as
- Avoiding association with persons with a criminal record
- Reporting to a probation officer as specified and on schedule
- Submit to reasonable searches of the person and possession.
- Avoid probation violation
- Maintain lawful and gainful employment
Special conditions such as attending alcoholics anonymous meetings may be included as conditions of probation by the court depending on the circumstances of the case and the offense for which the probationer was convicted, such as DUI.
The probationer may be issued warnings, arrested and their probation may be revoked by the probation office if they are found to have violated the terms of their probation.
Are Juvenile Criminal Records Public in New Hampshire?
Juvenile court proceedings are closed to the public. Records are confidential but remain accessible as useful data to law enforcement, courts, and government agencies. Juvenile records may be considered by prosecutors and courts, for instance, in determining the penalty for the juvenile’s criminal activity as a repeat or constant offender, such as placing the juveniles in the state’s juvenile detention center or for very serious crimes to be tried as an adult.
Juvenile criminal records are official information on a person below the age of 17 in New Hampshire who has been adjudged delinquent by the local juvenile court. Persons above the age of 17 do not go through the juvenile justice system and are prosecuted as adults in New Hampshire. Generally, law enforcement is in charge of bringing charges against a minor who has allegedly committed a misdemeanor or felony. However, private persons can bring charges against the minor in court by a sworn juvenile petition.
Also, juvenile information such as name, age, custody status, offense charged with, and gender of the juvenile may be revealed to a victim, and the victim or an authorized representative of the victim may attend court proceedings. The victim is barred from disclosing juvenile information to unauthorized persons. Juvenile records are not automatically expunged when a minor becomes an adult unless the records are annulled by a court with jurisdiction to do so.
What are New Hampshire Conviction Records?
A conviction record reveals that the person named in the records has been pronounced guilty by a court with jurisdiction of the offense on record for which they were charged. A finding of guilt may be a sequel to the defendant (offender) entering a guilty plea, no contest to a criminal charges plea, found to be guilty by a jury or the court. A criminal conviction once deleted or annulled no longer forms a conviction record.
