Arrest records are public documents in Amherst, New Hampshire, pursuant to the New Hampshire Right to Know Law (RSA 91-A). This statute establishes that government records, including arrest records, shall be available for inspection and reproduction by members of the public. The New Hampshire Right to Know Law operates under the principle that government transparency is essential to a functioning democracy, allowing citizens to monitor the activities of law enforcement agencies and the judicial system.
The public nature of arrest records serves multiple civic purposes. These records enable community members to remain informed about criminal activity within their municipality, provide accountability for law enforcement operations, and ensure that arrests are conducted in accordance with established legal procedures. However, certain information within arrest records may be redacted or withheld if disclosure would constitute an invasion of privacy or compromise an ongoing investigation, as permitted under RSA 91-A:5.
Members of the public seeking arrest records in Amherst have multiple methods available for accessing this information. The Amherst Police Department maintains these records in accordance with state retention schedules and provides several options for retrieval:
In-Person Requests: Individuals may visit the Amherst Police Department located at 175 Amherst Street, Amherst, NH 03031, during regular business hours (Monday through Friday, 8:00 AM to 4:00 PM). Requestors should be prepared to complete a records request form and provide identification. Fees for copying services may apply in accordance with RSA 91-A:4.
Online Access: The Amherst Police Department maintains an online portal where certain arrest information may be accessed. This system allows for searches by date range, name, or case number when available.
Written Requests: Citizens may submit written requests for arrest records via mail addressed to: Records Division, Amherst Police Department, 175 Amherst Street, Amherst, NH 03031. Written requests should include specific information about the record being sought, including names, dates, and case numbers if known.
Telephone Inquiries: Preliminary information about the records request process may be obtained by calling the Amherst Police Department Records Division at (603) 673-4900. However, formal requests cannot be processed by telephone.
Processing times for arrest record requests typically range from 5 to 10 business days, depending on the complexity of the request and current departmental workload. Expedited processing may be available for certain circumstances as permitted by department policy.
Arrest records maintained by the Amherst Police Department typically contain comprehensive information about the arrest event and the individual taken into custody. Standard arrest records include the following elements:
Pursuant to RSA 594:14-a, certain sensitive information may be redacted from public arrest records, including Social Security numbers, medical information, and details that might compromise ongoing investigations. Juvenile arrest records are subject to additional confidentiality protections under RSA 169-B and are generally not available to the public without a court order.
New Hampshire state law provides mechanisms for the expungement or annulment of certain arrest records under specific circumstances. The process is governed by RSA 651:5 and allows eligible individuals to petition for the removal of arrest information from public access.
Eligibility criteria for expungement in Amherst include:
The expungement process requires petitioners to file formal applications with the court that handled the original case. Petition forms are available through the New Hampshire Judicial Branch and must be submitted with the appropriate filing fee. The Hillsborough County Superior Court North, located at 300 Chestnut Street, Manchester, NH 03101, processes expungement petitions for cases originating in Amherst.
Upon approval of an expungement petition, the court issues an order directing all state agencies to remove references to the arrest from public records. However, expunged records may still be accessible to law enforcement agencies for specific purposes as permitted by statute.
The use of arrest record information in Amherst is subject to various legal restrictions designed to protect individual rights while maintaining public access to government records. Pursuant to RSA 354-A, the New Hampshire Law Against Discrimination, and federal regulations including the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.), certain limitations apply to how arrest records may be utilized.
Key restrictions include:
The Town of Amherst, in accordance with municipal ordinances and regulations, requires that any public dissemination of arrest information include appropriate context, including the disposition of charges if known. Violations of these provisions may result in civil penalties as prescribed by RSA 91-A:8.
Arrest records and comprehensive criminal history reports represent distinct categories of documentation within the criminal justice system. Members of the public should understand these differences when seeking information about an individual's interactions with law enforcement in Amherst.
Arrest records document specific incidents of apprehension by law enforcement and typically contain:
Criminal history reports, by contrast, provide a more comprehensive overview of an individual's interactions with the criminal justice system, including:
For complete criminal history reports, interested parties must contact the New Hampshire State Police, Criminal Records Unit, located at 33 Hazen Drive, Concord, NH 03305. These reports require fingerprint submission and specific authorization forms as mandated by RSA 106-B:14.