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
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)
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 impriosnment; fines of
no more than $300,000).
Any sex related crimes committed against children
Possession of controlled substance
Hit and run accidents
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.
Driving under the influence (alcohol and/or controlled substances).
Manufacturing, distributing, or selling of any forms of false
Drug Trafficking: 3rd degree (mandatory 7 years imprisonment; fines of
no more than $100,000.).
Indecent exposure and lewdness
Unlawful possession of firearm(s)
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
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.