New Hampshire Arrest Records

Recent data shows that New Hampshire records up to 34,000 arrests annually. Arrests reported by law enforcement in the state have been on a steady decline. In the past, law enforcement officers recorded up to 47,000 arrests annually. Current data shows that most of the arrests come from simple assaults, with about 3,821 cases amounting to 11.2% of total arrests made in the state. Driving under the influence and drug narcotics offenses account for 3,687 (11.1%) and 2,632 (8%) arrests made by law enforcement.

New Hampshire has an arrest rate of 2,682.5 arrests per 100,000 residents. Its arrest rate is higher than the national average of 2,181.7 per 100,000 people. Also, the state has a high arrest rate compared to its neighbors, Massachusetts, Vermont, and Maine. Massachusetts has an arrest rate of 1,205.8 arrests per 100,000 people, Vermont with 1,959.7 arrests per 100,000 people, and Maine with 2,228.9 arrests per 100,000 residents.

What Is an Arrest Under New Hampshire Law?

Per Section 594:1 of the New Hampshire Revised Statutes Annotated (NH RSA), arrest is taking a person into custody to answer for a crime. Generally , an arrest occurs when law enforcement officers detain a person based on the belief that the person has committed a crime.

Type of Arrests in New Hampshire

Generally, arrests in New Hampshire fall into two major categories: Warrant and Warrantless arrest.

Warrant Arrests

Warrant arrests occur when peace officers take a person into custody based on arrest warrants from a judge or magistrate. A warrant is a legal document issued when law enforcement presents evidence to a judge demonstrating that the person named on the warrant has committed a crime. The judges issue the warrant based on probable cause. Probable cause implies that there are reasonable facts or evidence to believe the person broke the law.

Warrantless Arrests

A warrantless arrest occurs when law enforcement officers detain a person without a warrant. Section 594.10 of the NH RSA permits law enforcement to conduct warrantless arrests under the following conditions:

• The officer witnessed the offense
• The officer has probable cause to believe that the person arrested has committed a crime and if not apprehended immediately, may destroy or conceal evidence of the crime
• The officer did not witness the crime but has probable cause to believe the person has committed a felony involving risk to public safety

In New Hampshire, other types of specific arrests occur to maintain public safety: they typically include juvenile arrests, traffic-related arrests, immigration-related arrests, domestic violence arrests, public order arrests, and protective policing arrests. Furthermore, judges in New Hampshire issue other forms of warrants to address different legal situations, including:

• Search Warrants: A search warrant permits peace officers to search a particular location for evidence of a crime. It outlines the precise search location and what items or evidence the officers may look for
• Bench Warrants: A judge issues a bench warrant when a person fails to follow a court order, violates the terms of their probation, or fails to appear in court. It is issued when someone fails to comply with court requirements
• Fugitive Warrants: A fugitive warrant permits law enforcement to arrest a person who committed a crime in another state but has fled to New Hampshire. Fugitive warrants facilitate the extradition process. It grants police officers the right to arrest the person named on the warrant in New Hampshire for extradition to another state
• No-Knock Warrants: A no-Knock Warrant allows law enforcement to enter a property without alerting the occupants of their presence. A judge issues a no-knock warrant when there is the belief that officers announcing their presence may lead to the destruction of evidence or endanger the safety of law enforcement officers

What Are New Hampshire Arrests Records?

Arrest records in New Hampshire generally detail a person's detention by law enforcement. Arrest records are official documents created by law enforcement after apprehending a suspect involved in a crime. The record documents the incident, typically including all information relevant to the arrest, such as:

• Personal Information: The arrested individual's name, date of birth, address, and physical description
• Details of the Arrest: The location, date, and time of the arrest. Additionally, the arresting officer's name and badge number
• Charges Filed: A description of the crime, ranging from misdemeanors to felonies
• Arresting Agency: The name of the law enforcement agency -police department or sheriff's officer that conducted the arrest
• Booking Information: It includes details of the where the person is detained and any bail set
• Fingerprint and mugshot

While arrest records are typically part of criminal records, the two are not the same. Arrest records are legal documents detailing a specific incident where a person was apprehended and taken into custody by law enforcement. Arrest records exist whether the charges were dropped or did not result in a conviction. Criminal records are generally more comprehensive. It contains a person's complete history with the criminal justice system. Unlike arrest records that detail a specific event, criminal records typically detail every arrest, court proceeding, sentencing, conviction, probation, and parole outcome against an individual.

How Can Arrest Records Be Accessed in New Hampshire?

Arrest records in New Hampshire are public records accessible to anyone. Per Section 91-A of the NH RSA, also known as the New Hampshire Right to Know Law, government records, including arrest records, are public records, and every citizen has the right to inspect and copy the records. Therefore, the public may access and request arrest records, including individuals, employers, and organizations. Although most arrest records in New Hampshire are public, some are restricted or withheld from public access. Per state law, juvenile arrest records, arrest records from ongoing investigations, arrest records from domestic violence or sexual assault cases, and sealed or expunged arrest records are generally exempted from public view.

Despite the restriction, certain authorized entities may access exempted arrest records for legal, regulatory, or security purposes. Law enforcement agencies access exempted arrest records to gather evidence or identify suspects. The courts and legal professionals may access restricted arrest records to prepare for court cases and determine sentencing. Certain employers, such as education and healthcare providers, may access restricted arrest records for roles involving direct contact with vulnerable persons.

There are several ways of accessing arrest records in New Hampshire. Interested persons may access arrest records from the state, local, or at the court level.

New Hampshire Department of Safety

The New Hampshire Department of Safety, through the Division of State Police- Criminal Records Units, provides access to statewide criminal records, which includes arrest records. Record seekers may access arrest records on the website through the Online NH Criminal Conviction Check. Alternatively, the Criminal Records Unit accepts in-person or mail requests for arrest records. All requests for arrest records may submit a Criminal Record Release Authorization Form and include a government-issued photo identification card. The department typically charges a fee to obtain arrest records. Walk-in service and mail requests are provided to the public at:

Department of Safety

Division of State Police - Criminal Records Units

33 Hazen Drive

Concord, NH 03305

Local Law Enforcement Agencies in New Hampshire

At the local level, county sheriff's offices and police departments maintain records of arrests within their jurisdictions. Most police departments and sheriff's offices have a records division where record seekers may request arrest records. Persons seeking arrest may visit the police department or sheriff's office in the city or town where the arrest occurred. While some law enforcement agencies provide online access to the arrest records, most agencies require record seekers to fill out a form requesting access to the arrest record. A complete application typically requires government-issued photo identification cards and fees.

New Hampshire Courts

Arrests may lead to formal charges and legal proceedings. Where it does, the court system will have records related to the case, including arrest records. In New Hampshire, court records are accessible online through the New Hampshire Judicial Branch Case Access Portal. Alternatively, court records are accessible at the courthouse where the case was handled. The clerk of courts maintains case files, including arrest records. Record seekers may use the case name or number to access the record.

How Long Will an Arrest Report Stay on Your New Hampshire Records?

In New Hampshire, arrest records stay on a person's record permanently unless sealed or expunged. New Hampshire law generally permits the automatic deletion of some arrest records after a predetermined period. However, such records must meet specific provisions of state law. For the most part, arrests leading to a conviction must fulfill a predetermined waiting period to be eligible for expungement.

Can You Expunge Your Arrest Records in New Hampshire?

Arrest records may be erased in New Hampshire. New Hampshire refers to the process of expunging arrest records as annulment. Annulment is the legal process of removing an arrest conviction from criminal records. Expunging or annulling arrest records in New Hampshire makes the record publicly inaccessible. While New Hampshire permits annulling arrest records, not all records are eligible for expungement. Section 651:5 of the New Hampshire criminal code specifies arrest records eligible for expungement. They typically include:

• Arrest records before 2019 where the case resulted in a non-prosecution, dismissal, or not guilty verdict may petition for annulment at any time, while cases after January 1, 2019, are automatically deleted after 30 days
• The individual has fulfilled the waiting period required, where the arrests lead to a conviction. The waiting period is one year after completing the sentence for misdemeanor offenses and up to 10 years for felony crimes

Sealing arrest records begin by filling a petition for annulment with the court where the case was heard. The petitioner may also serve other parties, such as the prosecutor, with their intent to annul the arrest records. The courts review the petition and may mandate a hearing where necessary. If the court grants the petition, the arrest record is sealed, making it inaccessible to the public.

Is Citizen's Arrest Legal in New Hampshire?

Yes, citizen arrest is legal in New Hampshire. A citizen arrest generally permits civilians to apprehend and detain someone they believe has committed a crime. In New Hampshire, persons other than law enforcement may detain someone they suspect has committed an offense. However, for a citizen arrest to be legal, the arresting individual should comply with the following:

• The person making the arrest must witness a misdemeanor crime just as it happens
• The private citizen must have probable cause to believe that the person apprehended has committed a felony crime
• The arresting individual may use only reasonable force to detain the suspect
• The individual making the arrest must contact law enforcement officers immediately after apprehending the suspect

In some instances, police officers may make a citizen's arrest. Citizen arrest by police officers occurs when an officer cannot immediately act as law enforcement. Generally, off-duty officers and officers outside their jurisdiction who witness a crime may conduct citizen arrests. New Hampshire law generally requires police officers making citizen arrests to adhere to the same rules applicable to private citizens.

Citizen arrests and false arrests in law are concepts involving someone's detention. However, they are different. A citizen arrest occurs when a private citizen apprehends someone they suspect has committed a crime. A citizen arrest is legal if the arresting party follows the law. A false arrest occurs when someone is detained illegally. False arrest is made without probable cause or legal authority. The arresting individual did not witness the crime or have cause to believe that a crime was committed. False arrest violates the rights of the detained individual and may have legal consequences.

How to Look Up Arrest Warrants in New Hampshire

There are several ways to access information about arrest warrants in New Hampshire. Contacting local police departments or sheriff's offices may provide information about arrest warrants. Typically, local law enforcement agencies maintain records of all arrest warrants issued within their jurisdictions. Record seekers may visit or call the local police station or sheriff's office to look up arrest warrants. Alternatively, some county sheriff's offices or police departments provide online access to access warrant information.

Although New Hampshire does not have a centralized system to look up arrest warrants, the courts sometimes have records of arrest warrants issued. Interested persons may access court records through the New Hampshire Judicial Branch, which includes arrest or bench warrants. Also, each county has a clerk of court who maintains public records, including warrants. Record seekers may look up arrest warrants in person or mail requests for the documents.

The New Hampshire Department of Safety, Division of State Police, generally maintains criminal records information, which includes arrest warrants. Requesting a criminal background check through the Criminal Records Unit can show an active arrest or bench warrant. Another option to access warrants in New Hampshire is to use third-party websites. These websites typically aggregate public records from government databases, which may make it easy to look up various legal documents, including arrest warrants.