Maine 207-467-3767

Annulment, Expungement or Sealing of Criminal Records in New Hampshire and Maine

Generally speaking, in New Hampshire, you can annul all charges that did not result in conviction.  And if the charges were disposed of after January 1, 2019, the court must annul and has no discretion to do otherwise.  If annulled, court files are sealed, and State and Federal computer systems purged, although law enforcement can maintain arrest and conviction records and communicate with other agencies for legitimate investigative purposes or in defense of a civil suit.

With the exception of violent crimes (e.g. murder, first degree assault, sex offenses, kidnapping, arson, et al.), and crimes of obstruction of justice (e.g. witness tampering, falsifying evidence, et al.), many charges that resulted in convictions can be annulled as well.  From the date the sentence is complete, the applicant must wait 2 years for most B misdemeanors, 3 years for an A misdemeanor, 5 years for a class B felony, and 10 years for an A felony.  DWIs can be annulled 10 years after the sentence is complete.  And most other motor vehicle offenses can be annulled 7 years after the sentence is complete.

A petition to annul must be filed for each charge.  But if all charges are in the same court, only one $125 filing fee is required, otherwise there is an additional filing fee per court.  The NH Department of Corrections will conduct a background check ($100), and the Department of Safety will purge computers ($100).  However, for charges that did not result in convictions, the background check and purge fees are waived. 

Generally, my fee is $1,125 ($800 + up to $325 in costs) per court regardless of the number of charges.  But if you have cases that were resolved in multiple courts, the fee is negotiable. 

Unfortunately, Maine does not have an annulment or expungement statute.  So, generally speaking, criminal convictions remain on an individual's record for life, unless an individual obtains a governor's pardon.  For more information on pardons in Maine, Google "Division of Adult Community Corrections Executive Clemency Pardons and Commutations."

In Maine, juvenile adjudications for what would be E misdemeanors are confidential.  All other adjudications are public record.  It is possible to seal a juvenile record in Maine if (1) at least 3 years have passed since the applicant was discharged, (2) the applicant has not been adjudicated or convicted of another crime, and (3) there are no other juvenile or criminal matters pending.  The court is not obligated to seal and cannot do so if the public's right to the information substantially outweighs the juvenile's privacy interests.   

Contact The Firm · Licensed In New Hampshire, Massachusetts And Maine

I encourage my clients to email or call me any time, day or night. If in New Hampshire call 603-766-1970 and if in Maine, call 207-467-3767 for help in the complicated issues of criminal law and family law. Schedule a free initial consultation as soon as possible to start yourself off on the right path.