Class B Misdemeanor in New Hampshire: Fines, Record, and Annulment

A Class B misdemeanor in New Hampshire is the state’s lowest level of criminal offense, carrying a fine of up to $1,200 and no possibility of jail time. It still produces a criminal record, and that record can follow you into job applications, housing searches, professional licensing decisions, and immigration proceedings for years. The gap between a Class B and a Class A misdemeanor is wider than the fine amounts suggest, especially when it comes to whether the court will appoint you a lawyer.

What Counts as a Class B Misdemeanor

New Hampshire splits misdemeanors into two classes. A Class A misdemeanor can result in up to one year in jail and a fine of up to $2,000. A Class B misdemeanor cannot include any jail time and caps the fine at $1,200.1New Hampshire General Court. New Hampshire Code 625:9 – Classification of Crimes

When a statute labels a crime a “misdemeanor” without specifying a class, the charge is presumed Class B. That presumption flips in three situations: the offense involves an act or threat of violence, the prosecutor files a notice seeking Class A penalties on or before arraignment, or the charge is filed directly in superior court.1New Hampshire General Court. New Hampshire Code 625:9 – Classification of Crimes Many offenses in the criminal code carry no class designation, so the default rule often decides what you actually face.

Prosecutors can also downgrade a Class A charge to a Class B at any time with the defendant’s agreement. That happens often in plea negotiations when the evidence is thin or mitigating facts exist, because the shift eliminates jail exposure and lowers the maximum fine.

Offenses commonly prosecuted as Class B misdemeanors include:

  • Disorderly conduct under RSA 644:2, which becomes a misdemeanor if the person continues the behavior after being asked to stop. The statute specifies no class, so it defaults to Class B.2New Hampshire General Court. New Hampshire Code 644:2 – Disorderly Conduct
  • Criminal trespass under RSA 635:2, covering entry into secured premises, refusing to leave property, or violating a court order barring you from a location. No class is specified.3New Hampshire General Court. New Hampshire Code 635:2 – Criminal Trespass
  • Shoplifting by willful concealment under RSA 637:3-a, with no class specified.
  • Issuing a bad check under RSA 638:4, explicitly a Class B misdemeanor when the amount is $1,000 or less and the writer has no prior bad-check conviction in the previous 12 months.

Fines and Other Financial Consequences

The $1,200 cap is a maximum, not a required amount. Judges have discretion to impose less based on the circumstances.4New Hampshire General Court. New Hampshire Code 651:2 – Sentences and Limitations

Separate from the fine, the court can order restitution to any victim who suffered financial losses because of the offense. Restitution is authorized for any criminal conviction in New Hampshire, and a judge who declines to order it has to put the reasons on the record. The obligation applies regardless of your ability to pay and survives bankruptcy.5New Hampshire General Court. New Hampshire RSA 651:63 – Restitution Authorized When the Department of Corrections collects the payments, a 17-percent administrative fee is added on top.

Courts can also attach conditions. If alcohol, drugs, or aggression were part of the offense, you may be ordered into substance abuse treatment or anger management. For motor vehicle offenses charged as Class B misdemeanors, a conviction can trigger license suspension through the Division of Motor Vehicles. Unpaid fines can convert into civil judgments, and convictions involving dishonesty or fraud can create problems with professional licensing boards.

How the Case Moves Through Court

Class B misdemeanor cases are heard in the circuit court, district division.6New Hampshire Judicial Branch. Criminal – District Division A prosecutor files a complaint; there is no grand jury.

At arraignment, the court states the charges and possible penalties and takes your plea. The options are guilty, not guilty, or (with the court’s consent) nolo contendere. If you refuse to plead, the court enters not guilty on your behalf and sets a trial date.7New Hampshire Judicial Branch. New Hampshire Rules of Criminal Procedure – Rule 4 For a Class B charge, you can skip arraignment entirely by filing a written waiver before the scheduled date.

A not-guilty plea moves the case into pretrial, where both sides exchange discovery, motions to suppress get filed, and plea negotiations usually happen. Trial is before a judge, not a jury. The rules provide that defendants in the district division are tried by a judge unless otherwise provided by law.8New Hampshire Judicial Branch. Rule 21 – Trial by the Court or Jury; Right to Appeal The prosecution must still prove guilt beyond a reasonable doubt. If the judge finds you guilty, sentencing is typically immediate or set for a hearing shortly after.

You Will Not Get a Court-Appointed Attorney

This catches many defendants off guard. New Hampshire guarantees appointed counsel only when the charge is a felony or a Class A misdemeanor and you cannot afford to hire your own. Class B defendants have no such right.9New Hampshire General Court. New Hampshire Code 604-A:2 – Appointment of Counsel

The rule tracks the constitutional principle that appointed counsel is required only where incarceration is on the table, and Class B offenses carry no jail. The practical effect: if you cannot afford a private attorney, you will handle the case yourself, and a conviction still produces a criminal record. Hourly rates for criminal defense attorneys on misdemeanor cases generally run between $200 and $500, and flat-fee arrangements are common for straightforward charges.

What a Conviction Does to Your Record

A Class B conviction goes into your criminal history. The State Police Criminal Records Unit stores arrest and disposition information, and employers, licensing boards, and housing providers can access conviction records for non-criminal-justice purposes.10New Hampshire State Police. Criminal Records Healthcare, education, and law enforcement jobs trigger statutorily required New Hampshire and FBI background checks.

Federal security clearance applications deserve particular attention. The SF-86 form asks about your entire criminal history, including misdemeanors, and the disclosure requirement applies even if a conviction has been annulled, sealed, or expunged. The form uses “have you EVER” language with no time cutoff. A single Class B conviction is unlikely to disqualify you from a clearance on its own, but failing to disclose it creates a far bigger problem than the conviction.

Annulment After Two Years

You can petition to annul a Class B conviction two years after completing every term of your sentence, including fines, restitution, probation, and any court-ordered programs.11New Hampshire General Court. New Hampshire Code 651:5 – Annulment of Criminal Records The clock starts the day after the last condition is satisfied, not on the conviction date.12New Hampshire Judicial Branch. Annulment of Criminal Records

During the waiting period, you cannot pick up any new criminal conviction other than a motor vehicle violation (DUI-related offenses do not qualify for that exception). The judge weighs whether annulment would assist rehabilitation and remain consistent with public welfare. If granted, the conviction comes out of most public records, though law enforcement may keep internal copies. Annulment does not undo everything: federal security clearance applications still require disclosure, and a professional licensing board’s action based on the underlying conduct is not automatically reversed.

Immigration Consequences for Non-Citizens

Non-citizens should treat any criminal charge with caution, Class B included. Immigration law uses its own classification system that does not line up with New Hampshire’s tiers.

If the offense qualifies as a “crime involving moral turpitude” under federal immigration law, it can trigger inadmissibility. A petty offense exception applies when the crime carries a maximum possible sentence of no more than one year and the person was not actually sentenced to more than six months.13Office of the Law Revision Counsel. 8 U.S. Code 1182 – Inadmissible Aliens Since Class B misdemeanors carry no imprisonment at all, a single conviction generally fits within the exception. But the exception covers only one lifetime conviction, so any prior qualifying conviction removes the protection.

Drug offenses are treated far more harshly. A misdemeanor controlled-substance conviction can make a non-citizen both deportable and inadmissible, with no petty offense exception available. The only statutory carve-out is a first conviction for simple possession of 30 grams or less of marijuana, and even that limited exception comes with a discretionary waiver that is frequently denied. Any non-citizen facing a drug-related Class B charge should talk to an immigration attorney before entering a plea.

Class A Versus Class B at a Glance

If a prosecutor offers to reduce a Class A charge to a Class B, the practical differences add up quickly:

Reducing a charge from Class A to Class B eliminates jail risk, lowers your maximum financial exposure, and shortens the path to annulment by a full year. Both classes still show up on background checks until the conviction is annulled.