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New Hampshire DWI- Can the records be expunged?

New Hampshire DWI what should I expect?

Many drivers who have been convicted of a New Hampshire DWI may not realize have realized that their drunk driving conviction would be considered a criminal conviction that would be available for all to see including their employer or future employer, landlords, banks, even family and neighbors. After this discovery many drivers ask whether or not their New Hampshire DWI conviction can be expunged or cleared from their driving record. Although many states do not allow a drunk driving conviction to be expunged, New Hampshire does have a process called an annulment that will seal the New Hampshire DWI record so only a specific few individuals or agencies will have access to the information. Although the annulment process does not actually “clear” the DUI conviction, it can eliminate the right of a future employer or the general public to have access to it and eliminate the chances they may find out about your past New Hampshire DWI.  

How do I get a New Hampshire DWI annulment?

The first bit of bad news is that the conviction for New Hampshire DWI cannot be annulled (stricken from the record) until at least 10 years after the date of conviction. Talk to a New Hampshire DWI lawyer, however, about having your DWI first offense reclassified from a Class B misdemeanor to a non-criminal, violation level offense after one year. If ten years have passed, you can discuss the annulment with a New Hampshire DUI lawyer and request the annulment in the court where you were convicted for New Hampshire DWI. To start the process you can send the annulment application to the court or take it there in person. Fees for processing the application will be required. After the court receives the New Hampshire DWI annulment application they will schedule a hearing date. Prior to the hearing, it may be helpful to talk to a DUI lawyer about how to prepare your case and why you should have your New Hampshire DWI conviction annulled. Prior to granting the annulment the court will review the following:
  • The seriousness of the conviction
  • The sentence which was imposed
  • The post conviction record of the accused
  • Other factors such as the general public welfare or whether it will help with the driver’s rehabilitation

Considerations after a New Hampshire DWI Annulment

Drivers who have had their New Hampshire DWI conviction annulled can have their record unsealed if they are arrested a second time for a New Hampshire DWI. The annulment also does not eliminate the right of the state to charge the driver for a second New Hampshire DWI or to sentence them as a “multiple DWI offender.”

Hiring a DUI lawyer after a DWI in New Hampshire

Drivers who are arrested for drunk driving in New Hampshire should immediately discuss their drunk driving case with a DUI lawyer. Do not fight the New Hampshire DWI charge on your own but discuss your options with a lawyer. If you have already been convicted of DWI in New Hampshire, as mentioned above, it may be several years before you can expunge or “annul” the record.
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