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Introduction
After a DWI (Driving While Intoxicated) conviction in New Hampshire, many individuals wonder whether it’s ever possible to have the offense removed from their record. This is especially relevant for people seeking to move forward—applying for jobs, renting housing, or pursuing professional licenses. The question often comes down to this: Can a DWI be expunged or sealed in New Hampshire?
New Hampshire does not use the term “expungement” in the same way some other states do. Instead, it offers a process called annulment, which serves a similar function for eligible offenses. However, not all DWI convictions qualify, and the process includes strict waiting periods, conditions, and court discretion.
This article will clarify whether and how a DWI can be annulled (i.e., removed from your criminal record), how the process works, who qualifies, and what limitations still apply even after annulment. The goal is to help you understand what’s legally possible—not to offer advice or promises, but to explain the administrative process as it exists in New Hampshire.
Does New Hampshire Allow Expungement or Sealing of DWIs?
New Hampshire law does not use the word “expungement” as some other states do. Instead, it provides for a process called annulment. Annulment is the state’s version of record removal and applies to criminal convictions under specific conditions.
DWIs in New Hampshire are considered criminal offenses, typically misdemeanors for first-time offenders and felonies for repeat or aggravated cases. Because they fall under criminal law, they do not automatically disappear over time and are not sealed or hidden unless action is taken to annul them.
Unlike some minor infractions or violations, DWI offenses are not eligible for early removal. They require a long waiting period and formal court approval. While the state’s annulment process can be effective in removing a conviction from public records, it’s not guaranteed and does not apply in all cases.
So while traditional expungement and sealing don’t technically exist in New Hampshire, the annulment process serves the same functional purpose in many respects—if you qualify and the court approves.
Waiting Period for DWI Annulment in New Hampshire
The first step to understanding DWI annulment is knowing the waiting period. New Hampshire law requires a 10-year waiting period for most DWI convictions before a person can petition for annulment. This 10-year clock starts after all sentencing conditions are fulfilled—not from the date of arrest or conviction.
That means:
- All fines must be paid.
- Any license suspensions must be completed.
- Any required substance abuse programs or evaluations must be finished.
- Any court-ordered probation must be over.
Only once all of those conditions are completed does the 10-year waiting period officially begin. So for someone whose DWI sentence was finalized in 2020 but whose license wasn’t reinstated until 2022, the waiting period would likely extend to 2032.
It’s also important to note that this timeline applies to first-time offenses. Repeat or felony-level DWIs may be ineligible for annulment entirely, or may come with longer waiting periods depending on the details of the case.
The Annulment Process Step by Step
If you’ve met the waiting period and all conditions, the next step is to begin the formal annulment process. This involves submitting a petition for annulment to the court and following a series of administrative steps.
Here’s a simplified overview:
- Obtain Criminal Case Information
You’ll need documentation related to your DWI case, including court dates, sentencing details, and proof that all penalties were fulfilled. - Complete the Annulment Petition
This includes providing detailed information about your offense, your behavior since the conviction, and any additional criminal history. - Pay the Required Fee
New Hampshire requires a filing fee, which must be submitted with your petition. Fee amounts may vary. - Submit to Background Checks
You may be required to undergo a criminal background check through the New Hampshire State Police or other authorized agencies. - Court Review and Possible Hearing
The court will review your petition. In some cases, a hearing may be scheduled. You must demonstrate that annulment is in the public interest and that you’ve been law-abiding since the conviction. - Court Decision
If the court approves your petition, the record is annulled. If denied, you may have to wait longer or may become ineligible depending on the reason for the denial.
This process is administrative and often complex. While some individuals complete it on their own, others may choose to seek assistance due to the procedural nature of the requirements.
What Annulment Actually Does (And What It Doesn’t)
When a DWI is annulled in New Hampshire, it is removed from your public criminal record. This means:
- It will no longer show up on standard background checks used by most employers or housing providers.
- The court record of the case is sealed.
- You may legally answer “no” when asked if you’ve been convicted of a crime—except in certain specific legal or governmental contexts.
However, annulment does not erase the incident from all databases. Certain agencies, such as:
- Law enforcement
- Judicial authorities
- State licensing boards
…may still have access to the annulled record under specific circumstances.
Also, annulment affects your criminal record only. Your driving record maintained by the DMV may still show the DWI, especially for purposes of calculating future offenses within the 10-year lookback period. So even with an annulled conviction, administrative consequences related to driving may persist.
Limitations and Common Misunderstandings
There are a few common misunderstandings when it comes to expungement and sealing in New Hampshire:
- Annulment is not automatic. You must initiate the process yourself.
- It does not apply to all offenses. Felony DWIs or DWIs involving injury may be ineligible.
- It’s not a clean slate in every situation. Certain job applications, licenses, and government roles may still ask about annulled convictions or access sealed records.
- It doesn’t affect your driving record. Annulment only applies to criminal records, not DMV data.
Understanding these limitations is important so that you don’t assume a complete erasure of your DWI in every context.
Frequently Asked Questions (FAQ)
Can a DWI be expunged in New Hampshire?
Not exactly. New Hampshire uses a process called annulment, which serves a similar purpose but follows a different legal structure.
What’s the waiting period to annul a DWI?
For most first-time DWIs, you must wait 10 years after completing all sentencing requirements.
Is the process automatic once I qualify?
No. You must file a formal petition, pay a fee, and receive court approval.
Does annulment remove the DWI from my driving record?
No. It only affects your criminal record. The DMV may still retain the DWI on your driving history.
Who can still see an annulled DWI?
Law enforcement, licensing boards, and some government agencies may still access the sealed record in specific cases.
Can a second or felony DWI be annulled?
Possibly, but the rules are stricter, and some convictions may not qualify. Each case is reviewed individually.
Conclusion
While New Hampshire does not offer traditional expungement or record sealing, it does allow for annulment of certain DWI convictions under strict conditions. This process can help remove the offense from your criminal record, offering relief from background checks and improving access to housing or employment. However, annulment is not automatic, and it does not clear your driving record, which may continue to reflect the DWI for administrative and insurance purposes.
Understanding the difference between annulment and expungement, and knowing what records can and cannot be cleared, is essential for setting realistic expectations and planning your next steps.
To explore more about the long-term consequences of a DWI, visit the DUI Records And Long Term Impact pillar page.
For additional clarity on how long a DWI stays on your record, visit our How Long a DUI Stays on Your Record mini-hub article.