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
State law
Statute of Limitations
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 assault offenses (RSA 632-A) where the victim was under 18 may be prosecuted within 22 years of the victim's 18th birthday.
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
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.
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.
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).
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
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.
Also in the directory
Browse attorneys for this issue in New Hampshire.
Browse Criminal Defense attorneysMore in New Hampshire
Other state law topics.
Personal Injury Laws·Family Laws·Immigration Laws·Employment Laws·Bankruptcy Laws·Medical Malpractice Laws·Workers' Compensation Laws·Social Security Disability Laws·Wrongful Death Laws·Product Liability Laws·Long-Term Disability & ERISA Laws·Estate Planning Laws·Probate Laws·Real Estate Laws·Landlord & Tenant Laws·Business Laws·Intellectual Property Laws·Tax Laws·Elder Laws·Nursing Home Abuse & Neglect Laws·Civil Rights Laws·Domestic Violence Laws·Veterans Legal Services Laws·Healthcare & Benefits Laws·Construction Defect Laws·Insurance Disputes Laws·Premises Liability Laws·Commercial Litigation Laws·Environmental Laws·Securities & Finance Laws·Municipal Laws·Administrative Laws