In the state of New Hampshire criminal offenses that are considered felonies are classified as class A or B. With the exception of murder and offenses resulting in the death of the victim which are considered capital felonies. However, the penalties and punishments listed are for individuals for whom this is their first offense. Any previous felony convictions regardless to the state in which the individuals were sentenced will alter and/or increase these penalties and prison sentences. The following are the felony classifications in the state of New Hampshire with the punishments and penalties:
Capital Felonies
These felony offenses are punishable by a mandatory prison sentence of life imprisonment or execution.
- Murder: 1st and 2nd degree
- Manslaughter
- Negligent Homicide
- Vehicular homicide
- Driving under the influence (alcohol and/or controlled substances) resulting in death of victim.
- Any crimes that causes the death of the victim(s).
Class A Felonies
These felony offenses are punishable by a minimum prison sentence of 7 years and six months to a maximum of 15 years. These felony offenses are subject to a fine of no less than $4000.
- Kidnapping: 1st degree (with or without criminal restraint)
- Rape
- Larceny
- Robbery Burglary
- Incest
- Arson
- Assault: 1st degree
- Aggravated sexual assault
- Felonious sexual assault
- Drug trafficking: 1st degree (mandatory 30 years imprisonment; fines of no more than $500,000).
- Drug trafficking: 2nd degree (mandatory 20 years imprisonment; fines of no more than $300,000).
- Any sex related crimes committed against children
- Possession of controlled substance
- Hit and run accidents
- Nonlethal strangulation
Class B Felonies
These felony offenses are punishable by a minimum prison sentence of 3 years and six months to 7 years imprisonment. These felony offenses are subject to fine of no less than $4000.
- Criminal Mischief
- Domestic violence
- Theft
- Driving under the influence (alcohol and/or controlled substances).
- Computer fraud
- Manufacturing, distributing, or selling of any forms of false identification
- Drug Trafficking: 3rd degree (mandatory 7 years imprisonment; fines of no more than $100,000.).
- Indecent exposure and lewdness
- Child endangerment
- Insurance Fraud
- Unlawful possession of firearm(s)
Expungement
Expungement is possible following successful completion of criminal sentence and any probation and/or parole assigned. However, those convicted cannot commit any further criminal offenses between the time sentence is completed to the predetermined waiting period. Traffic violations are allowed as long as the offense is not considered a felony such as driving under the influence.
There are predetermined waiting periods prior to the date in which convicted individuals are eligible to petition the court for expungement. For class A felonies, sexual assault convictions, felony indecent exposure, and felony lewdness, the waiting period is no less than ten years following completion of sentence and probation/parole. For any other felony crimes, including class B felonies, this waiting period is five years.
Petitioning the courts for expungement is not a guarantee that an court records of any convicted individual. If an individual is successful in expunging their criminal records and commits any other felony criminal offense the expungement can/will be reversed. A court order will reopen the expunged criminal record for use during trial of any future convictions.
Individuals convicted of any felony criminal offense that is sex related against a child are not eligible for expungement. These individuals are also required to register as a sex offender.
