Class B Misdemeanor in New Hampshire: Fines, Record, and Court Process

In New Hampshire, a Class B misdemeanor is the lowest level of criminal offense, punishable by a fine of up to $1,200 and no jail time.¹ It still counts as a criminal conviction, though, and shows up on background checks used by employers, landlords, and licensing boards until it’s annulled.

What Makes a Charge Class B in New Hampshire

New Hampshire splits misdemeanors into two tiers. Class A carries up to one year in jail and a fine up to $2,000. Class B carries no jail at all and a fine capped at $1,200.¹²

Many statutes in the criminal code simply say “misdemeanor” without picking a class. When that happens, the charge is presumed Class B. The presumption flips to Class A in three situations: the offense involves an act or threat of violence; the prosecutor files a notice seeking Class A penalties on or before the arraignment date; or the charge is filed directly in superior court.¹

A prosecutor can also drop a Class A misdemeanor to a Class B at any point, with the defendant’s agreement. That’s a common move in plea negotiations, because it takes jail off the table and lowers the maximum fine.

Offenses Commonly Charged as Class B

Some offenses land in Class B by default, others by explicit designation. A few you’ll see often:

Disorderly conduct under RSA 644:2, which rises to a misdemeanor when the person continues the behavior after being told to stop. The statute doesn’t name a class, so Class B is presumed.³
Criminal trespass under RSA 635:2, which covers entering secured premises, refusing to leave when told, or violating a court order barring you from a place. No class specified, so it defaults to Class B unless the prosecutor files a Class A notice.⁴
Willful concealment of merchandise (shoplifting) under RSA 637:3-a, with no class specified.
Issuing a bad check under RSA 638:4, expressly a Class B misdemeanor when the amount is $1,000 or less and you have no prior bad-check conviction in the previous 12 months.

If you’re staring at a complaint that just says “misdemeanor,” check whether the prosecutor has filed a Class A notice. Without that notice, and absent violence, the case proceeds as Class B.

Fines, Restitution, and Other Costs

The fine ceiling is $1,200, and the judge has discretion to impose less.² There is no possibility of incarceration.

On top of the fine, a court can order restitution to any victim who suffered financial loss. Restitution is authorized for any criminal conviction in New Hampshire, and a judge who declines to order it has to state the reasons on the record. It applies regardless of ability to pay and survives bankruptcy.⁵ When the Department of Corrections collects the payments, a 17 percent administrative fee is added to the total owed.

Sentencing conditions can go beyond money. Judges may order substance abuse treatment or anger management when the offense involved alcohol, drugs, or aggressive behavior. Motor vehicle offenses in the Class B category can trigger a license suspension through the Division of Motor Vehicles. Unpaid fines can turn into civil judgments, and convictions touching dishonesty or fraud can create trouble with professional licensing boards.

How the Case Moves Through Court

Class B misdemeanor cases are handled in the district division of the circuit court.⁶ The prosecutor files a complaint; no grand jury is involved.

At arraignment, the judge reads the charges and possible penalties, and you enter a plea of guilty, not guilty, or nolo contendere (the last requires the court’s consent). Refuse to plead and the court enters not guilty for you and sets the case for trial.⁷ For a Class B charge, you can waive arraignment in writing before the scheduled date.

A not-guilty plea kicks off the pretrial phase: discovery of police reports and witness statements, motions to suppress, and often plea talks. Trial itself is before a judge, not a jury. Under the state’s Rules of Criminal Procedure, defendants in the district division are tried by the court unless otherwise provided by law.⁸ The state still has to prove guilt beyond a reasonable doubt. Sentencing typically follows the verdict, either immediately or at a short follow-up hearing.

You Don’t Get a Court-Appointed Attorney

This catches people off guard. Court-appointed counsel in New Hampshire is available only to defendants facing a felony or a Class A misdemeanor who can’t afford to hire a lawyer. Class B defendants aren’t entitled to appointed counsel.⁹

The reasoning ties to the constitutional rule that appointed counsel is required only where jail is a possible outcome, and Class B carries no jail. In practical terms, if you can’t pay for a private attorney, you’re representing yourself in a proceeding that still produces a criminal record.

What the Conviction Does to Your Record

A Class B conviction becomes part of your criminal history at the State Police Criminal Records Unit, which stores arrest and disposition information and releases conviction records for non-criminal-justice purposes to employers, licensing boards, and housing providers.¹⁰ Fields like healthcare, education, and law enforcement require both state and FBI background checks by statute for hiring or licensing.

Annulment After Two Years

You can petition to annul a Class B misdemeanor conviction two years after completing every term of the sentence, including fines, restitution, probation, and any ordered programs.¹¹ The clock starts the day after you finish the last condition, not the day of conviction.¹²

During those two years, you can’t pick up a new criminal conviction, other than a motor vehicle violation that isn’t DUI-related. The judge decides whether annulment would assist your rehabilitation and be consistent with public welfare. If granted, the conviction is removed from public records, though law enforcement may keep internal copies.

Annulment doesn’t undo everything. If the underlying conduct triggered a professional licensing action, annulling the criminal conviction doesn’t automatically reverse the board’s decision.

Immigration Consequences for Non-Citizens

Any criminal charge deserves caution if you’re not a U.S. citizen, including a Class B misdemeanor. Federal immigration law uses its own classification scheme that doesn’t align with New Hampshire’s tiers.

If the offense is treated as a “crime involving moral turpitude” under federal law, it can trigger inadmissibility. A petty offense exception can save a single conviction when the crime carries a maximum sentence of no more than one year and the person wasn’t actually sentenced to more than six months.¹³ Because Class B carries no imprisonment, a single such conviction generally fits inside that exception. The exception is one-per-lifetime, though, so any prior qualifying conviction may knock out the protection.

Drug-related offenses are treated more harshly. Even a misdemeanor controlled-substance conviction can make a non-citizen both deportable and inadmissible, with no petty offense exception. The narrow statutory carve-out covers a first conviction for simple possession of 30 grams or less of marijuana, and even that comes through a discretionary waiver often denied. If you’re not a citizen and you’re facing any drug-related Class B charge, talk to an immigration attorney before entering a plea.

Convictions involving fraud, drugs, or dishonesty can also disqualify you from trusted traveler programs like Global Entry. Customs and Border Protection has broad discretion to deny applications over any criminal conviction, no matter how minor the state-level label.

How Class B Compares to Class A

The gap between the two classes matters if a prosecutor offers to reduce a Class A charge:

Jail: up to one year for Class A, none for Class B.¹
Maximum fine: $2,000 for Class A, $1,200 for Class B.²
Appointed counsel: available for indigent Class A defendants; not available for Class B.⁹
Annulment wait: two years after completing the sentence for Class B, three years for most Class A misdemeanors.¹²
Supervision: Class A convictions more often carry supervised probation, community service, and mandated programs.

A reduction from Class A to Class B eliminates jail exposure, lowers the maximum fine, and shortens the path to annulment by a year. Both classes still create a criminal record that stays visible on background checks until annulled.

1
New Hampshire General Court. New Hampshire Code 625:9 – Classification of Crimes
2
New Hampshire General Court. New Hampshire Code 651:2 – Sentences and Limitations
3
New Hampshire General Court. New Hampshire Code 644:2 – Disorderly Conduct
4
New Hampshire General Court. New Hampshire Code 635:2 – Criminal Trespass
5
New Hampshire General Court. New Hampshire RSA 651:63 – Restitution Authorized
6
New Hampshire Judicial Branch. Criminal – District Division
7
New Hampshire Judicial Branch. New Hampshire Rules of Criminal Procedure – Rule 4
8
New Hampshire Judicial Branch. Rule 21 – Trial by the Court or Jury; Right to Appeal
9
New Hampshire General Court. New Hampshire Code 604-A:2 – Appointment of Counsel
10
New Hampshire State Police. Criminal Records
11
New Hampshire General Court. New Hampshire Code 651:5 – Annulment of Criminal Records
12
New Hampshire Judicial Branch. Annulment of Criminal Records
13
Office of the Law Revision Counsel. 8 U.S. Code 1182 – Inadmissible Aliens