If you or someone you love has a conviction in New Hampshire and is looking for relief, this guide needs to start with something important: for most people, the right path is not a pardon. New Hampshire's annulment process under RSA 651:5 is the primary form of criminal record relief in the state. It is a court-based process that seals the conviction from public view and issues a certificate of annulment. People who are eligible for annulment are generally not considered for a pardon, which means you should explore annulment first. Pardons in New Hampshire are rare, are granted by the Governor with the advice of the five-member elected Executive Council, and are reserved primarily for situations where annulment is unavailable or where specific civil rights restoration beyond what annulment provides is needed. I have been through the system myself, and most of the fear comes from not knowing how the process works. So let me walk you through it in plain language. None of this is legal advice, and every case is different, so treat this as a map and lean on a lawyer for the turns.
Understanding your options: annulment first
New Hampshire's primary post-conviction relief mechanism is annulment under RSA 651:5. An annulment is a court process that results in the court issuing a certificate of annulment, which confirms rehabilitation and seals the conviction from public view. After an annulment, most employers cannot question the applicant about the conviction, and it is hidden from standard background checks.
An annulment in New Hampshire may restore state firearms rights depending on the offense. It does not destroy the underlying record; law enforcement retains access to it for legitimate purposes. A prior conviction subject to an annulment can still be used in future sentencing if a new crime is committed, can still count toward habitual offender status, and does not affect federal records or federal firearms disabilities. It also does not remove records from news archives, court filings, or the internet.
Annulment eligibility, waiting periods, and offense types are governed by RSA 651:5. Not all offenses are eligible; certain violent crimes, sex offenses, and other serious felonies may be excluded. Waiting periods vary by offense type and criminal history. An attorney who handles New Hampshire post-conviction matters can evaluate whether a specific conviction qualifies and advise on the applicable waiting period and the procedural requirements for the petition.
A pardon is only pursued when annulment is not available for the specific offense, or when the particular rights restoration a pardon provides is specifically what is needed. The Department of Justice follows this sequencing: persons eligible for annulment under RSA 651:5 will generally not be considered for a pardon.
What New Hampshire offers: the forms of clemency
The Governor of New Hampshire, with the advice of the Executive Council, has the authority to grant pardons and commutations under Part II, Article 52 of the New Hampshire Constitution and RSA 4:21. The Governor may not grant a pardon before a conviction has been entered; the clemency power applies only to post-conviction situations.
A pardon forgives the offense, does not erase the conviction from the record, and restores basic citizenship rights including the right to vote, to serve on a jury, and to hold public office. A pardon may also have the effect of restoring gun rights depending on the offense. A commutation of sentence reduces or modifies the terms of an active sentence for someone currently incarcerated; for incarcerated people, the alternative routes described below are often more practical than commutation.
Who decides: the Governor and the Executive Council
New Hampshire is one of the few states where the Governor cannot act on clemency alone. The Executive Council must provide its advice, and the Council has overruling power on pardons. The Executive Council is an elected body of five councilors, each representing one of five geographic districts and elected to two-year terms by the voters of that district. The Council is not an appointed advisory body; it is an independently elected constitutional body that provides a check on executive power.
Pardon applications are submitted through the New Hampshire Department of Justice. The Attorney General's office is statutorily required to contact the prosecutor and the sentencing judge on the case and request any recommendations they may wish to submit; this is not optional and cannot be bypassed. The AG's office also obtains a full criminal records check on the applicant. Once these steps are complete, the entire application packet, including whatever responses were received from the prosecutor and judge, is forwarded to the Governor's office. The Governor and Executive Council then review the application and all materials and decide whether to grant a hearing on the application. If a hearing is not granted, the application is effectively denied; there is no further review.
If a hearing is granted, the applicant should attend and is encouraged to bring family members, friends, employers, neighbors, and community members to demonstrate the breadth of community support. These supporters are not merely present; their attendance signals to the Governor and Council that the applicant is embedded in a community that vouches for their rehabilitation. Hearings are public, and the Council can summon witnesses to testify on any aspect of the case. The hearing is the primary opportunity for the applicant to put a human face on the application and present evidence of rehabilitation directly to nine decision-makers, which is a unique feature of New Hampshire's process compared to states where a single executive acts alone.
A policy of the Governor and Council limits applicants to no more than one petition during any two-year gubernatorial term.
Who is eligible for a pardon in New Hampshire
There is no statutory waiting period for pardon applications, but the Governor and Council require the applicant to have lived an exemplary, law-abiding life since the conviction and/or to have a compelling need for the pardon. People who are eligible for annulment under RSA 651:5 are generally not considered for a pardon; annulment must be unavailable or inadequate to the specific need before a pardon becomes the appropriate path.
A New Hampshire pardon applies only to New Hampshire state court convictions. Federal convictions and out-of-state convictions are not eligible for a New Hampshire pardon, regardless of where the applicant currently resides.
The application process step by step
Step one: contact the Department of Justice. Pardon applications may be requested from the New Hampshire Department of Justice at 1 Granite Place South, Concord, New Hampshire 03301; phone (603) 271-3658; email attorneygeneral@doj.nh.gov. Applications may also be requested from the Governor's Office.
Step two: complete and submit the application. The application requires information about the conviction, the sentence, and the reasons for seeking a pardon. Submit the completed application to the AG's office for review.
Step three: AG review and required contacts. Upon receipt, the AG's office is statutorily required to contact the prosecutor and sentencing judge on the case and request any recommendations they may wish to submit. The AG's office also runs a criminal records check. Once these steps are complete, the full application packet is forwarded to the Governor's office.
Step four: Governor and Council review. The Governor and Executive Council review the application and all recommendations received. They decide whether to grant a hearing. If no hearing is granted, the application is denied without further process.
Step five: public hearing. If a hearing is granted, the applicant should attend, bring supporters, and be prepared to answer questions. The hearing is public. The Council can summon witnesses. After the hearing, the Governor and Council vote on whether to grant the pardon.
What a pardon does and does not do in New Hampshire
A New Hampshire pardon forgives the offense and restores basic civil rights including the right to vote, to serve on a jury, and to hold public office. Depending on the offense, a pardon may also restore the right to possess firearms under state law. A Certificate of Discharge is issued at the completion of a sentence; this certificate indicates which civil rights were automatically restored at that time. A pardon addresses rights that were not restored by the Certificate of Discharge and provides a formal executive statement of forgiveness.
A pardon does not erase the conviction from the criminal record. Only an annulment under RSA 651:5 seals the public record of the conviction. Even after a pardon, the conviction will remain accessible to law enforcement and may still be used in future sentencing if the person is convicted of a new offense.
Voting rights in New Hampshire are generally restored upon completion of sentence, so a pardon is not needed for most people to regain the right to vote. A pardon is more practically important for jury eligibility, certain professional licensing barriers, and depending on the offense, firearms rights.
A note on alternatives for incarcerated people
People who are currently incarcerated in New Hampshire and seeking early release have two primary options that do not require the pardon process and are often more practical than the commutation route through the Governor and Council. Under RSA 651:20, there is a statutory right to ask the sentencing court to suspend the remaining portion of the sentence after three-quarters of the minimum sentence has been served or after four years have been served, whichever period is longer. This is a court-based right, not a discretionary executive decision, which makes it a more reliable and procedurally defined path. The New Hampshire Department of Corrections also has statutory authority to suspend a remaining portion of a maximum sentence. An attorney can advise on which of these options applies and how to pursue them for a specific sentence.
A note on federal convictions
If the conviction is a federal conviction, the Governor of New Hampshire and the Executive Council cannot help you. Federal clemency is granted by the President of the United States, and applications go through the Office of the Pardon Attorney within the United States Department of Justice. The federal and state processes are entirely separate.
Where this leaves you
New Hampshire's pardon is genuinely rare: only two were granted in the nine years between 1996 and 2005, and in some years no pardons have been granted at all. The process is demanding, requires AG office involvement and outreach to the prosecutor and sentencing judge, depends entirely on the Governor and Council deciding to hold a hearing, and limits applicants to one petition per two-year gubernatorial term. A denial, when it comes, is final for that gubernatorial term; there is no appeal or reconsideration. The pardon should be pursued only after annulment has been evaluated and found unavailable or inadequate for the specific need. If annulment is available under RSA 651:5, that is the right path; pursue it with an attorney who handles New Hampshire post-conviction matters. If it is not available for the specific offense, or if the specific rights restoration a pardon provides is what is needed, then the Department of Justice at 1 Granite Place South in Concord is the starting point. The hearing before the Governor and the five elected Executive Council members is the key event to prepare for thoroughly: bring community supporters, be ready to articulate the compelling need for the pardon, and understand that the hearing is a privilege, not a right, only granted to a fraction of applicants who submit petitions.