New Hampshire law

Criminal Defense Laws in New Hampshire.

New Hampshire classifies criminal offenses as felonies (Class A and B), misdemeanors (Class A and B), and violations. The state does not use sentencing guidelines — judges have discretion within statutory ranges. New Hampshire uses the term "annulment" rather than "expungement" for sealing criminal records, and has specific waiting periods based on offense severity. DWI offenses carry escalating penalties with a 10-year lookback period.

Last verified: 2026-02-25

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State law

Statute of Limitations

No limit for murder; 6 years for felonies; 1 year for misdemeanorsRSA 625:8

Murder may be prosecuted at any time. Class A and Class B felonies must be charged within 6 years. Misdemeanors must be charged within 1 year. Violations have a 3-month limitation period.

Exceptions

Sexual Offenses Against Minors — Within 22 years of the victim's 18th birthdayRSA 625:8, III(a)

Sexual assault offenses (RSA 632-A) where the victim was under 18 may be prosecuted within 22 years of the victim's 18th birthday.

Offenses Concealing Murder — No limitRSA 625:8, III(d)

Offenses committed to assist in, conceal, or hinder the investigation of a murder may be prosecuted at any time.

State law

Key New Hampshire Statutes

Classification of CrimesRSA 625:9

Class A felony: imprisonment over 7 years. Class B felony: imprisonment over 1 year but not exceeding 7 years. Class A misdemeanor: imprisonment up to 1 year. Class B misdemeanor: no imprisonment, fine only. Violations are non-criminal and do not create a criminal record.

Annulment of Criminal RecordsRSA 651:5

New Hampshire allows annulment (sealing) of criminal records after waiting periods: violations — 1 year; Class B misdemeanor — 2 years; Class A misdemeanor — 3 years; Class B felony — 5 years; Class A felony — 10 years after completion of sentence. Violent crimes, felony obstruction of justice, and extended-term sentences are ineligible.

DWI Offenses and PenaltiesRSA 265-A:18

First offense DWI is a Class B misdemeanor with a minimum $500 fine and 9-month to 2-year license revocation. Second offense within 10 years is a Class A misdemeanor with a minimum $750 fine, mandatory jail time, and 3-year license revocation. The legal BAC limit is 0.08% (0.02% for under 21).

Right to CounselRSA 604-A:2

Any person charged with a crime punishable by imprisonment who cannot afford counsel has the right to appointed representation at state expense.

State law

Official Sources

New Hampshire Revised Statutes Online New Hampshire Judicial Branch New Hampshire State Police — Criminal Records

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in New Hampshire.

Criminal Defense Laws in New Hampshire.

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Statute of Limitations

Key New Hampshire Statutes

Official Sources

Not Legal Advice

Other state law topics.