“Annulment” is not a single nationwide criminal-record procedure in the United States. New Hampshire expressly uses the legal term annulment of criminal records, while other states may use expungement, sealing, set-aside, dismissal or vacatur. Those remedies can produce very different results. This guide explains the differences, shows how to find the underlying case before requesting relief, and uses New Hampshire’s official annulment system as the detailed example.
What Is an Annulment of Criminal Records?
In criminal-record law, an annulment is a form of post-case relief that changes how qualifying arrest, conviction and sentence records are treated after a court grants relief.
The word sounds as though the historical event simply disappears everywhere. That is often too simplistic.
Public access can change
The court may seal, restrict or otherwise change public access to the qualifying case record.
Repository data can change
The state criminal-history agency can update or remove qualifying information after receiving the proper court order.
Separate copies may exist
Police, prosecutors, corrections, federal databases and private websites can each maintain separate records subject to their own legal rules.
Annulment vs. Expungement, Sealing, Vacatur and Set-Aside
These words are frequently used as though they mean the same thing. They do not.
| Term | General idea | Important caution |
|---|---|---|
| Annulment | Legal relief changing the status and accessibility of a qualifying criminal record. | New Hampshire expressly uses this term in RSA 651:5. |
| Expungement | Can remove, erase, destroy, seal or restrict qualifying records depending on state law. | The effect varies dramatically by jurisdiction. |
| Sealing | Usually restricts public access to a record. | Government or law-enforcement access can remain. |
| Vacatur / vacating | A court sets aside or vacates a conviction under statutory rules. | The court docket itself may remain publicly searchable in some states. |
| Set-aside | Changes the legal status of a qualifying conviction after sentence completion. | It may not erase the historical court record. |
| Dismissal after conviction | Some states permit an eligible conviction to be dismissed after sentence/probation. | The arrest and court history may remain visible. |
Find the Original Criminal Case Before Applying for Record Relief
One of the easiest ways to delay a criminal-record petition is to begin without the information needed to identify the case.
Identify the state and court
Determine where the charge was filed. Relief is usually governed by the state and court that handled the original case.
Locate the case number
Search the official state judiciary or contact the court clerk if the case is too old or unavailable online.
Confirm every charge
A single incident may contain multiple charges with different offense levels and dispositions.
Confirm the final disposition
Determine whether the charge ended in conviction, dismissal, acquittal, nolle prosequi, deferred disposition, vacatur or another result.
Find the sentence-completion date
Waiting periods often begin after all conditions of sentence have been completed—not simply on the date of conviction.
Keep copies before relief is entered
Obtain certified dispositions or other documents you may later need before public access changes.
A Criminal Case Can Create Records in More Than One Place
Successfully changing the court record does not always mean every related record automatically changes at the same moment.
- trial-court docket
- appellate record
- state criminal-history repository
- arresting police or sheriff record
- prosecutor’s record
- correctional records
- FBI Identity History Summary data
- commercial background databases
New Hampshire: The Main U.S. Example of Criminal Record “Annulment”
New Hampshire expressly titles RSA 651:5 “Annulment of Criminal Records.”
Under that statute, qualifying records of:
- arrest
- criminal charge
- conviction
- sentence
can be annulled by the sentencing court when statutory requirements are satisfied.
For many conviction cases, the court must also determine that granting annulment will assist the petitioner’s rehabilitation and be consistent with public welfare.
Read New Hampshire RSA 651:5Basic New Hampshire Annulment Eligibility
For a qualifying conviction, RSA 651:5 generally requires completion of all terms and conditions of the sentence and the applicable crime-free waiting period.
Conditions can include:
- incarceration
- probation
- suspended sentence requirements
- fines
- restitution
- court costs
- good-behavior periods
- other sentence conditions
New Hampshire Criminal Record Annulment Waiting Periods
The following table summarizes major waiting periods currently stated in RSA 651:5. Special statutes and exclusions can override the general table.
| Offense category | General waiting period | Starting point / note |
|---|---|---|
| Violation | 1 year | Generally after completion of all sentence terms and conditions. |
| Class B misdemeanor | 2 years | Subject to statutory exceptions. |
| Class A misdemeanor | 3 years | Subject to special offense rules. |
| Class B felony | 5 years | Some offenses are excluded or use longer periods. |
| Class A felony | 10 years | Eligibility exclusions still apply. |
| Sexual assault under RSA 632-A:4 | 10 years | Specific statutory waiting period. |
| Felony indecent exposure / lewdness | 10 years | Specific statutory waiting period. |
| Misdemeanor domestic violence under RSA 631:2-b | 10 years | Later domestic-violence convictions can affect eligibility timing. |
| Qualifying drug offense under RSA 318-B:26, II | 2 years | Applies to specified Class A misdemeanor/felony drug offenses. |
Dismissed, Not Prosecuted and Not-Guilty Cases in New Hampshire
Nonconviction cases receive different treatment from convictions.
For qualifying offenses disposed of on or after January 1, 2019, current RSA 651:5 provides automatic annulment for qualifying arrests and court records after dismissal or a finding of not guilty, subject to appeal-related timing and the statute’s conditions.
The statute generally uses a 30-day period after dismissal or not-guilty disposition when no applicable appeal is taken.
Older cases and other circumstances can require a petition rather than relying on the automatic procedure.
New Hampshire Offenses That May Not Be Annulled
RSA 651:5 does not make every conviction eligible.
The statute bars annulment for categories including specified:
- violent crimes defined by RSA 651:5
- felony obstruction-of-justice crimes
- certain offenses carrying an extended term under RSA 651:6
- other offenses excluded by separate statutes
The statutory definition of violent crime includes serious offenses such as murder, manslaughter, certain assaults, specified sexual offenses, kidnapping, robbery and other listed crimes.
What if You Have More Than One Criminal Case?
Multiple convictions can make the New Hampshire calculation more complicated.
RSA 651:5 generally provides that relief cannot be granted until the applicable time requirements have been satisfied for all offenses of record. A disqualifying offense can also affect eligibility for other records.
New Hampshire Judicial Branch guidance instructs applicants to file a separate petition for each charge they want annulled and to file it with the court where that charge was disposed.
New Hampshire DWI Annulment Uses a Special Rule
Driving-under-the-influence convictions are governed by a separate statute: RSA 265-A:21.
That law generally prevents a court from ordering annulment of a qualifying DWI-related conviction until 10 years after the conviction date.
New Hampshire Annulment Forms and Filing Workflow
The correct form can depend on whether the offense occurred or was disposed of before or after January 1, 2019 and whether the matter involved a conviction or nonconviction.
| Situation | Judicial Branch form / process | Important detail |
|---|---|---|
| Older qualifying arrest / conviction | Petition to Annul Record — NHJB-2317-DSe | Used for qualifying matters under the Judicial Branch’s filing guidance. |
| Post-2019 qualifying nonconviction | Eligibility / nonconviction annulment form | Check current Judicial Branch form version before filing. |
| Post-2019 qualifying conviction | NHJB-3057-DSe | Petition of Eligibility for Annulment of Record — Conviction. |
| Qualifying juvenile matter | NHJB-2981-D | Separate juvenile annulment form; filing rules differ. |
Get the complete case information
The Judicial Branch checklist says you may request a computer case summary if you do not already know all information needed for the petition.
Use one petition for each charge
Complete a separate petition for every charge you want annulled.
File with the court where the charge was disposed
Do not simply send every petition to one statewide office.
Respond promptly to agency requests
When a Department of Corrections investigation is required, delay in responding can delay the court’s decision.
Watch for a decision or hearing notice
New Hampshire law permits some petitions to be decided without a hearing unless a hearing is requested or required.
How Much Can a New Hampshire Annulment Cost?
Fees can depend on the type of case and whether agency investigations or criminal-history corrections are required.
| Possible charge | Amount shown in official guidance/law | When it may apply |
|---|---|---|
| Court filing fee | $125 listed in the Judicial Branch annulment checklist | The posted checklist states this can cover multiple petitions filed at the same court location at the same time. |
| Department of Corrections investigation | $100 | When RSA 651:5 requires a DOC criminal-record investigation, subject to statutory exceptions/waiver. |
| Department of Safety / State Police correction | Up to $100 | For researching and correcting the state criminal-history record after qualifying relief, subject to statutory exceptions/waiver. |
New Hampshire law also permits fee-waiver requests in qualifying indigency situations.
What Does the Court Consider Before Granting an Annulment?
Eligibility does not always mean automatic approval.
For petition-based annulments, the statute directs the court to consider whether relief:
- will assist the petitioner’s rehabilitation
- is consistent with public welfare
- meets all statutory waiting periods
- does not involve an excluded offense
- follows completion of sentence requirements
- is not blocked by another conviction or pending charge
The prosecutor can receive notice and may be heard regarding the petition. In some cases the Department of Corrections supplies an investigation report to the court.
What Happens After a New Hampshire Criminal Record Is Annulled?
New Hampshire gives an annulment substantial legal effect.
RSA 651:5 states that, after entry of the annulment order, the person is generally treated as though they had never been arrested, convicted or sentenced for the annulled matter, subject to statutory exceptions.
Court record is sealed
The annulled court record is restricted to access allowed by the statute.
Criminal history is corrected
The criminal-record unit removes qualifying annulled information and communicates the annulment to appropriate agencies as required by law.
Files are marked annulled
Arresting and prosecuting agencies must identify qualifying files and electronic records as having been annulled.
Can Someone Still Find an Annulled Criminal Record?
An annulment should change ordinary government public access under the law that granted it, but several practical issues matter.
- public court search results may need time to update
- state criminal-history systems may process the order separately
- law-enforcement access can remain for specified purposes
- old media reports can remain online
- private data brokers may still hold older copies
- federal information can require separate state-to-federal correction processing
What About Mugshot Sites and Private Background Databases?
A court order affects government records according to the governing law. It does not necessarily force every newspaper archive, data broker or old private database to erase historical information automatically.
New Hampshire RSA 651:5 specifically provides protections for journalists publishing information about an annulled record and also limits liability for people or entities that do not remove or correct a previously published report after a later annulment.
Will an Annulment Remove the Record From an FBI Identity History Summary?
State-originated arrest and disposition data can also appear in the FBI’s criminal-history system.
The FBI instructs people seeking expungement or sealing of nonfederal arrest data to contact the State Identification Bureau in the state where the offense occurred.
For federal arrest data, the FBI states that removal occurs when requested by the agency that submitted the information or when the FBI receives a qualifying federal court order specifically requiring expungement.
Employment, Licensing and Questions About an Annulled Record
The legal effect of record relief on employment applications depends on the governing state statute and the type of job or license.
In New Hampshire, RSA 651:5 addresses how a person with an annulled record may be questioned about prior criminal history in employment, licensing and other civil-right or privilege contexts.
When a third-party consumer-reporting company supplies criminal-history information for employment or housing, federal Fair Credit Reporting Act requirements can also apply.
What Other States Call Criminal Record Relief
Do not assume your state uses New Hampshire’s word “annulment.”
| Example jurisdiction | Common official terminology | Why the distinction matters |
|---|---|---|
| New Hampshire | Annulment | RSA 651:5 expressly provides annulment of qualifying arrest, conviction and sentence records. |
| California | Dismissal / sealing | California Courts separately describe dismissal of convictions and sealing of qualifying arrest records. |
| Washington | Vacating / sealing | A vacated conviction can remain visible in court systems unless separate sealing rules apply. |
| Arizona | Set-aside / sealing | Arizona treats set-aside and sealing as distinct forms of criminal-record relief. |
This is exactly why a national article cannot give one waiting period or one petition form that works in every state.
Federal Criminal Records and “Annulment”
Federal criminal records are not governed by a state annulment statute merely because the person lives in that state.
Federal court records are maintained through the federal judiciary, and federal post-conviction relief follows federal law.
If your underlying case was federal, identify:
- the federal district court
- case number
- federal statute
- final disposition
- any federal sealing or expungement authority
Search the original federal case through PACER.
How to Verify That Criminal Record Relief Was Actually Processed
After the court grants relief, use a simple verification checklist.
Keep the signed order
Store a certified or court-issued copy of the annulment, sealing, expungement, vacatur or set-aside order.
Recheck the public court portal
Confirm the public-facing case information changed in the way the law requires.
Request your state criminal-history record
Confirm the state repository processed the court order correctly.
Check the FBI record when relevant
Obtain your Identity History Summary if the case previously appeared in federal criminal-history data.
Challenge errors with documentation
If an official record remains inaccurate, send the signed court order and other supporting records through the agency’s correction or challenge procedure.
Annulment of Criminal Records: Frequently Asked Questions
1. Is criminal record annulment available in every U.S. state?
No. “Annulment” is not a universal nationwide term. New Hampshire expressly uses criminal-record annulment, while many other states use terms such as expungement, sealing, vacatur, dismissal or set-aside.
2. Is annulment the same as expungement?
Not necessarily. The effect of either term depends on the statute that created the remedy. One state may seal public access while another removes information from a criminal-history repository.
3. Does New Hampshire allow criminal records to be annulled?
Yes. RSA 651:5 allows qualifying arrest, conviction and sentence records to be annulled when statutory requirements are satisfied.
4. How long do I have to wait for a New Hampshire annulment?
Waiting periods vary by offense. Current general periods include one year for qualifying violations, two years for Class B misdemeanors, three years for Class A misdemeanors, five years for Class B felonies, and ten years for Class A felonies, with special rules and exclusions for certain offenses.
5. Can a New Hampshire DWI conviction be annulled?
New Hampshire has a special DWI rule under RSA 265-A:21. A qualifying DWI conviction generally cannot be annulled until ten years after the date of conviction.
6. Does annulment erase every copy of a criminal record?
No. The effect depends on the governing law. Government public access can be restricted while specified law-enforcement access, historical media reports or older private databases may still exist.
7. Can I search an annulled New Hampshire case online?
Ordinary public access should change after a qualifying annulment is processed because New Hampshire law seals the qualifying court record, subject to statutory exceptions.
8. Will an annulment automatically fix my FBI record?
State-originated information generally must be corrected through the state identification agency, which can transmit the appropriate update to federal systems. If necessary, obtain your FBI Identity History Summary and use the FBI challenge process with supporting documentation.
9. Can I annul a federal criminal conviction through a state court?
No. Federal criminal records are governed by federal law and the federal judiciary. A state annulment statute does not itself annul a federal conviction.
10. What information should I collect before filing an annulment petition?
Gather the court name, case number, each charge, statute number, offense date, disposition, conviction date if applicable, sentence terms and the date all sentence conditions were completed.
Official Sources for Criminal Record Annulment Research
- New Hampshire RSA 651:5 — Annulment of Criminal Records
- New Hampshire RSA 265-A:21 — DWI Annulment
- New Hampshire Judicial Branch
- New Hampshire Trial Courts — Annulment Checklist
- New Hampshire Petition to Annul Record
- New Hampshire Petition of Eligibility for Annulment — Conviction
- FBI Identity History Summary Checks
- California Courts — Record Cleaning
- Washington Courts — Vacating and Sealing Records
- Arizona Courts — Set Aside and Sealing
- PACER — Federal Court Records