New Hampshire Criminal Defense Laws
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
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.
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.
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.
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