Arrest records are public in Hampton, New Hampshire, pursuant to the New Hampshire Right to Know Law (RSA Chapter 91-A). This statute establishes the legal framework ensuring government records remain accessible to the public, with certain exceptions for privacy and security concerns. The law operates on the principle that governmental transparency serves the public interest by allowing citizens to monitor law enforcement activities and judicial proceedings. Under RSA 91-A:4, any citizen has the right to inspect and copy governmental records during regular business hours, subject to reasonable fees for reproduction. The Hampton Police Department maintains these records in accordance with state retention schedules and makes them available through established protocols designed to balance public access with privacy considerations.
Members of the public seeking arrest records in Hampton have multiple avenues available for conducting searches. The Hampton Police Department has implemented several methods to facilitate public access to these records:
In-Person Requests: Citizens may submit requests directly at the Hampton Police Department located at 100 Brown Avenue, Hampton, New Hampshire 03842. Office hours for records requests are Monday through Friday, 8:00 AM to 4:00 PM. Proper identification is required, and specific forms must be completed.
Online Access System: The Hampton Police Department maintains an electronic dispatch logs portal where recent arrest information is published. This system allows for basic searches by date and incident type.
Written Requests: Formal written requests may be submitted to the Records Division at the Hampton Police Department. Pursuant to RSA 91-A:4 IV, the department must respond within five business days of receipt.
Court Records: For cases that have proceeded to court, records may be accessed through the Hampton District Court located at 130 Winnacunnet Road, Hampton, NH 03842. Court hours are Monday through Friday, 8:00 AM to 4:00 PM, telephone: (603) 926-8117.
Rockingham County Superior Court: For felony cases, records are maintained at Rockingham County Superior Court, 10 Route 125, Brentwood, NH 03833. Hours of operation are Monday through Friday, 8:00 AM to 4:00 PM, telephone: (855) 212-1234.
Hampton arrest records contain standardized information as mandated by New Hampshire state regulations. These records typically include the following elements:
The Hampton Police Department maintains these records in accordance with RSA 106-B:14, which establishes standards for criminal history record information.
New Hampshire law provides mechanisms for the expungement of certain arrest records under specific circumstances. The process is governed by RSA 651:5, which outlines eligibility criteria and procedures:
Eligibility Requirements: Individuals may petition for annulment (New Hampshire's term for expungement) if they have completed all terms of their sentence and maintained a clean record for a statutorily defined waiting period. This period varies based on the offense classification:
Application Process: Petitions must be filed with the court of original jurisdiction. For Hampton arrests, this is typically the Hampton District Court or Rockingham County Superior Court, depending on the offense level.
Filing Fees: A non-refundable fee of $125 is required for each petition, as established by RSA 651:5 VIII.
Review Criteria: The court evaluates whether the annulment serves the public interest, considering factors such as the petitioner's criminal record, the nature of the offense, and rehabilitation evidence.
Effect of Annulment: When granted, an annulment order directs all state agencies to remove records of the arrest and conviction from public access. The individual may legally respond to inquiries as if the arrest never occurred, with certain exceptions for law enforcement and specific licensing agencies.
The Hampton Police Department Records Division can provide guidance on the annulment process but cannot offer legal advice. Individuals seeking expungement are advised to consult with legal counsel.
While arrest records are generally public in Hampton, certain restrictions apply to protect privacy rights and ongoing investigations:
Juvenile Records: Pursuant to RSA 169-B:35, records pertaining to juvenile arrests (under age 18) are confidential and not accessible to the general public.
Sealed Cases: Records that have been sealed by court order are not available for public inspection.
Active Investigations: Information related to ongoing investigations may be temporarily withheld under RSA 91-A:5 IV if disclosure would impede law enforcement proceedings.
Personal Privacy Protections: Certain personal identifying information may be redacted from public records, including Social Security numbers, medical information, and victim information in sexual assault cases.
Domestic Violence Cases: In accordance with RSA 173-B:8, certain information in domestic violence cases may be protected to ensure victim safety.
The Hampton Police Department Records Division reviews all requests for arrest records to ensure compliance with these statutory limitations before release.