How the New Hampshire Right-to-Know Law Actually Works
New Hampshire's public records law is codified at RSA Β§ 91-A (New Hampshire Right-to-Know Law). It gives any person β resident or not, citizen or not, journalist or not β the right to inspect and copy public records held by state and local agencies. In most cases, you do not have to explain why you want the record.
Response time: 5 business days. The agency's response is not necessarily a deadline to deliver records β it tells you whether the records exist and when they'll be produced.
Fee rules: actual cost; first hour of search/review free for individual requests. Agencies cannot inflate charges to discourage requests.
If your request is denied or unreasonably delayed, the law typically provides a mechanism to appeal β either administratively or by filing a petition in state court. Many states award attorney's fees to requesters who prevail on a wrongfully denied request.
What You Cannot Get in New Hampshire (the honest answer)
Many directory sites promise things New Hampshire law specifically restricts. Here's what's actually true:
- Rap sheet access: Subject only or via fingerprint authorized. Third-party "instant background check" sites that promise a full New Hampshire criminal history are typically aggregating older court data β not the official state record.
- Sealed and expunged records: records cleared under New Hampshire's expungement law (RSA Β§ 651:5 (annulment)) are removed from public criminal history reports.
- Juvenile records are generally confidential under New Hampshire law and not available without court order.
- Active investigation records, attorney-client privileged documents, draft notes, and personnel files are exempt under standard exceptions to the New Hampshire Right-to-Know Law.
- Booking photos (mugshots) have increasingly restricted commercial use across New Hampshire and most states β paid "mugshot removal" sites are exposed to civil liability in many jurisdictions.
Expungement and Record Clearing in New Hampshire
New Hampshire's record-clearing law is found at RSA Β§ 651:5 (annulment).
Eligibility: NH uses 'annulment' rather than expungement; eligibility 1-10 years depending on offense.
The petition or application is typically filed in the court of conviction. Filing fees, waiting periods, and exclusions vary by offense type β serious violent crimes and most sexual offenses are commonly excluded. Many states are moving toward automatic ("Clean Slate") sealing for qualifying records.
If you believe your New Hampshire record contains an error or includes an offense that should have been cleared, you have the right to challenge it through the state criminal history repository β typically by submitting a written claim with documentation.
How to Get Your Own New Hampshire Criminal Record
If you need your own New Hampshire criminal history β for an employer, a licensing board, an immigration application, or just to know what's there β the state record is maintained by the New Hampshire State Police Criminal Records Unit.
Walkthrough:
- Choose your method: NHSP name-based $25 or fingerprint $25.
- Complete the required form (most states use a standard request form available from the New Hampshire State Police Criminal Records Unit website).
- Submit your request along with the fee. Fingerprint-based methods provide the most complete and accurate record but take longer.
- Turnaround: 2-3 weeks.
- Review the response. If you find errors, the law at RSA Β§ 106-B provides procedures for correcting or challenging inaccurate criminal history information.
Fingerprint-based criminal history checks are considered the official record. Name-based checks are faster and cheaper but can miss records or include records belonging to people with similar names β verify identity carefully.
Notable New Hampshire Record Laws You Should Know
- RSA Β§ 651:5-c: Special annulment provisions for marijuana offenses.
- RSA Β§ 106-B: the statute governing the maintenance, dissemination, and inspection of state criminal history records in New Hampshire.
- Federal interaction: the FBI maintains a separate national criminal history database (the Identification, Information & Investigation Services / NGI). Some New Hampshire background checks include a fingerprint forward to the FBI for $13β$32 additional fee, depending on purpose.
Clearer question cards, modern spacing, and the same live statewide answers from the database.
Q
What is included in a New Hampshire background check?
In New Hampshire, background checks are governed by the New Hampshire Right-to-Know Law (New Hampshire RSA 91-A). They may include criminal history, sex offender status, court filings, arrest records, and vital statistics. Agencies must respond within 5 business days to respond. The law is administered by New Hampshire Municipal Association (for municipalities); New Hampshire Attorney General for state agencies, (603) 271-3658.
Q
Where can I find police reports in New Hampshire?
Police reports in New Hampshire are public records under the New Hampshire Right-to-Know Law. Submit your request to the agency that generated the report. Who may request: Any person - no residency requirement. Response deadline: 5 business days to respond. If access is denied, you may appeal to district or circuit court. The New Hampshire Right-to-Know Law (RSA 91-A) generally permits any person to request police reports. Submit a written request to the records division of the agency that filed the report, including the date, location, and report number if available. The New Hampshire State Police in Concord processes state-level report requests. Fees and turnaround times vary by agency; many departments in New Hampshire offer online request portals for faster service.
Q
What are the procedures to obtain New Hampshire vital records, and what information is included?
Vital records (birth, death, marriage, divorce) in New Hampshire are maintained by the state Department of Health or Vital Statistics. Standard fees: Actual cost of reproduction; agencies may not charge for the time to search for. Certified copies carry separate fee schedules. Fee waivers may be available for journalists, nonprofits, and public-interest requesters - always ask.
Q
What is the school district and performance data for New Hampshire?
New Hampshire school districts are regulated by the New Hampshire Department of Education (NHDOE) at education.nh.gov. The state uses the NH Statewide Assessment System (NH SAS). School report cards and district profiles are published at education.nh.gov/data-and-reports. New Hampshire has approximately 178 school districts. The 2023 graduation rate was approximately 91%. NCES at nces.ed.gov provides supplemental district data.
Q
What is the crime statistics for New Hampshire?
According to the FBI's Uniform Crime Reporting Program, the total number of reported crimes in New Hampshire in 2019 was 28,945. Of those, there were 1,845 violent crimes and 27,100 property crimes. The violent crime rate in New Hampshire was 181.2 per 100,000 people, and the property crime rate was 2,541.7 per 100,000 people. The New Hampshire State Police, based in Concord, NH, publishes New Hampshire's official annual crime report. The report breaks down incidents by crime type, county, and municipality, enabling year-over-year trend analysis. Crime rates are expressed per 100,000 residents. Researchers and journalists can download raw data sets from the New Hampshire State Police website or access aggregated national comparisons via the FBI's National Incident-Based Reporting System (NIBRS).
Q
If I get arrested in New Hampshire where would I go to jail and court? include address.
If you are arrested in New Hampshire, you will likely go to the local county jail. Your court hearings would be at the local courthouse. New Hampshire law requires that an arrested person be brought before a magistrate or judge without unnecessary delay - typically within 24-48 hours. Bail conditions are set at this initial hearing. Under the New Hampshire Right-to-Know Law (RSA 91-A), arrest records are public once charges are filed. The New Hampshire public defender's office provides legal representation for those who qualify. Booking photos and mugshots may be requested from the detaining agency under the public records law.
Q
Can I find Public records in New Hampshire State Library?
Yes. New Hampshire state and public libraries provide access to public records databases. The New Hampshire Right-to-Know Law (New Hampshire RSA 91-A) guarantees public access to government documents. Many libraries offer free access to LexisNexis, court records portals, and vital record indexes. New Hampshire public libraries, including the state library in Concord, offer free access to public records databases. Patrons can access court dockets, property records, vital statistics indexes, and census microfilm. The New Hampshire Right-to-Know Law (RSA 91-A) ensures that government records are available for inspection; librarians can assist with formal records requests and guide users to online state portals for birth, death, marriage, and divorce records.
Q
Where is the New Hampshire State Library located?
The New Hampshire State Library is located at 20 Park Street in Concord, New Hampshire. The New Hampshire State Library is the official depository for state government publications and provides research assistance to the public, legislators, and state agencies. Collections include historical newspapers, legislative history, court records indexes, and genealogy resources such as Ancestry Library Edition. The New Hampshire Right-to-Know Law (RSA 91-A) guarantees public access to government documents maintained at the library. Remote access to digital collections is available to New Hampshire residents with a library card through the state library's online portal.
Q
New Hampshire State fingerprinting office
The New Hampshire State Police, Division of Forensic Science, provides fingerprinting services for criminal background checks. The office is located at 33 Hazen Drive, Concord, NH 03305. The office is open Monday through Friday from 8:00am to 4:00pm. The New Hampshire State Police processes all fingerprint-based background checks for New Hampshire. Fingerprinting appointments can be scheduled through the bureau's website or by contacting a regional office. New Hampshire licensed fingerprint vendors (Live Scan) are listed on the New Hampshire State Police's approved vendor directory. Prints are transmitted electronically to the FBI CJIS Division. Turnaround for most checks is 24-72 hours; paper card submissions take 6-8 weeks. Bring government-issued photo ID.