Arrest records are public documents in Swanzey, New Hampshire, pursuant to the New Hampshire Right to Know Law (RSA 91-A). This statute establishes the legal framework for public access to governmental records and proceedings, thereby promoting transparency and accountability within public agencies. The law stipulates that governmental records shall be available for inspection and copying by members of the public during regular business hours.
Under RSA 91-A:4, any person has the right to inspect and copy governmental records, including arrest records, unless specifically exempted by statute. Arrest records typically contain information such as:
The Swanzey Police Department maintains these records and makes them available to the public in accordance with state law. However, certain information may be redacted to protect ongoing investigations or personal privacy in specific circumstances as outlined in RSA 91-A:5.
Members of the public seeking to access arrest records in Swanzey have multiple methods available. The Swanzey Police Department serves as the primary custodian of local arrest records and provides several options for record retrieval:
In-person requests may be submitted at the Swanzey Police Department located at:
Swanzey Police Department
34 Eaton Road
Swanzey, NH 03446
(603) 352-2869
Swanzey Police Department
The department accepts written requests for arrest records during regular business hours, Monday through Friday, 8:00 AM to 4:00 PM. Pursuant to RSA 91-A:4, IV, a reasonable fee may be charged for providing copies of records.
For broader criminal history information, individuals may contact:
New Hampshire Department of Safety
Division of State Police
33 Hazen Drive
Concord, NH 03305
(603) 223-3867
Online requests for Swanzey arrest records may be submitted through the official records request portal, where requestors must provide specific information about the record being sought.
The Cheshire County Sheriff's Office may also maintain records of arrests conducted within county jurisdiction:
Cheshire County Sheriff's Office
12 Court Street
Keene, NH 03431
(603) 352-4238
When requesting arrest records, individuals must provide:
Arrest records maintained by the Swanzey Police Department contain standardized information as required by New Hampshire law. These official documents serve as the formal record of an individual's encounter with law enforcement resulting in arrest.
A complete Swanzey arrest record typically includes:
Pursuant to RSA 594:14-a, law enforcement agencies must maintain accurate records of all arrests. These records serve multiple purposes within the criminal justice system, including documentation for prosecution, court proceedings, and statistical reporting to state and federal agencies.
It should be noted that arrest records document only the fact that an arrest occurred and do not constitute proof of guilt. Under the American justice system, all arrested individuals are presumed innocent until proven guilty in a court of law.
New Hampshire law provides a mechanism for the expungement of certain arrest records through a process governed by RSA 651:5. Expungement refers to the legal process by which arrest and conviction records are erased or sealed from public view, effectively treating the event as if it never occurred.
Individuals seeking expungement of Swanzey arrest records must petition the court that had original jurisdiction over their case. The eligibility criteria for expungement include:
For violations, Class B misdemeanors, and Class A misdemeanors, a petition for annulment may be filed after a waiting period of 2-3 years following completion of all terms of the sentence, depending on the offense. For certain felonies, the waiting period extends to 5-10 years.
The petition process requires:
The Cheshire County Superior Court handles most expungement petitions for Swanzey arrests:
Cheshire County Superior Court
12 Court Street
Keene, NH 03431
(855) 212-1234
Certain offenses are ineligible for expungement under New Hampshire law, including violent crimes, sexual offenses, and offenses against children. Additionally, pursuant to RSA 651:5, X, records of certain motor vehicle offenses, including DWI convictions, may not be expunged.
Upon successful expungement, all records of the arrest are sealed from public view, though they remain accessible to law enforcement agencies for specific purposes. The individual may legally deny the existence of the expunged arrest in most circumstances, including employment applications.