In both the state and federal criminal justice systems, criminal records of arrests, convictions, and other proceedings are generally open to the public. There are limited circumstances under which criminal records may be expunged (deleted). And in some circumstances, criminal records that are not eligible for expungement or expunction may be eligible for sealing or nondisclosure—usually by a court order. If a criminal record is sealed, private parties generally cannot release or access the records, but government agencies—including the police, licensing boards, and other agencies—may access the records. Sealed court records may also be admissible in some court proceedings.

Some documents in a criminal record are not ordinarily available to the public—such as unexecuted summonses or warrants; pretrial bail and presentence reports; juvenile records; documents containing information about jurors; and documents such as expenditure records that might reveal the defense strategies of court-appointed lawyers.

And in some circumstances judges have the authority to seal additional documents or to close hearings that would ordinarily be open to the public. Reasons for such actions can include protecting victims and cooperating witnesses or informants from retaliation; avoiding the release of information that might compromise an ongoing criminal investigation or a defendant’s due process rights; and protecting classified information affecting national security.

Federal judges rarely seal criminal arrest or conviction records. And laws regarding the circumstances under which criminal records may be sealed in a state court criminal prosecution vary from state to state. The state laws governing the sealing or nondisclosure of criminal records are usually located in a state’s statutes.

In New Hampshire (NH), criminal records, which include arrests, convictions, and other proceedings, are generally public. However, there are specific circumstances under which these records can be expunged or sealed. Expungement in NH is the process of having a criminal record deleted, and it is available only for certain offenses and under certain conditions, such as after a period of good behavior or if the charge was a result of mistaken identity. Sealing, on the other hand, restricts access to the records, making them unavailable to private parties but still accessible to government agencies. NH law allows for the sealing of records in cases such as annulled convictions and certain juvenile offenses. Some records are inherently private, such as unexecuted warrants, bail reports, juvenile records, and documents revealing defense strategies. Judges in NH also have the discretion to seal additional documents or close hearings to protect individuals or sensitive information, though this is done sparingly. Federal judges have similar authority but rarely seal arrest or conviction records. The specific provisions for sealing or nondisclosure in NH are detailed in the state's statutes, and they vary from the federal system and other states.