Your Comprehensive Guide to New Hampshire Public Records
New Hampshire Public Records
Public records in New Hampshire are governed by the state's Right-to-Know Law, which provides citizens with access to government documents and information. These records serve as a vital resource for transparency, accountability, and informed civic participation. New Hampshire's commitment to open government is reflected in its comprehensive public records framework, which balances the public's right to information with necessary privacy protections.
Are New Hampshire Records Public?
Yes, most government records in New Hampshire are considered public under the state's Right-to-Know Law (RSA 91-A). This law establishes the presumption that government records are accessible to the public unless specifically exempted by statute. The New Hampshire Supreme Court has consistently interpreted the Right-to-Know Law broadly in favor of disclosure and transparency.
The law defines public records as "any information created, accepted, or obtained by, or on behalf of, any public body, or a quorum or majority thereof, or any public agency in furtherance of its official function." This includes both physical documents and electronic records maintained by state and local government agencies, boards, commissions, and other public bodies.
However, not all government records are publicly accessible. The law provides specific exemptions for certain types of information, such as records pertaining to internal personnel practices, confidential commercial information, and records that would invade personal privacy if disclosed.
What Information Is Included in New Hampshire Public Records?
New Hampshire public records encompass a wide range of information created, maintained, or held by government entities. These include:
- Vital records (birth, death, marriage, and divorce certificates)
- Property records (deeds, mortgages, liens)
- Court records and judicial proceedings
- Criminal records and arrest reports
- Business and corporation filings
- Professional licenses
- Voter registration information
- Tax assessment records
- Meeting minutes of public bodies
- Government contracts and financial records
- Environmental permits and reports
- Motor vehicle records
- Education records (with certain privacy restrictions)
- Government employee information (excluding personal details)
The specific content and format of these records vary depending on the agency that maintains them and the purpose they serve. Some records contain comprehensive information, while others provide only basic details to protect individual privacy.
What Does the New Hampshire Public Records Law Do?
The New Hampshire Right-to-Know Law (RSA 91-A) serves as the foundation for public access to government records in the state. Enacted in 1967 and amended several times since, this law:
- Establishes the public's right to access government records and attend meetings of public bodies
- Creates a presumption of openness for government records
- Sets procedures for requesting and obtaining public records
- Defines exemptions for certain types of confidential information
- Provides remedies for wrongful denial of access
- Requires public bodies to maintain minutes of meetings
- Mandates that public agencies make records available during regular business hours
- Allows for reasonable fees to cover the cost of providing copies
- Prohibits the use of fees as a barrier to access
- Requires prompt responses to records requests
The law was strengthened in 2008 with the creation of the Right-to-Know Oversight Commission, which reviews and recommends improvements to the law. In 2018, further amendments clarified electronic record requirements and established the position of Right-to-Know Ombudsman to help resolve disputes without litigation.
How To Find Public Records in New Hampshire in 2025
Accessing public records in New Hampshire typically involves contacting the specific agency that maintains the records you seek. Here are the general steps to follow:
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Identify the appropriate agency: Determine which government entity is likely to maintain the records you need.
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Submit a written request: While verbal requests are permitted under the law, written requests create a record of your inquiry and help ensure proper handling. Include:
- Your name and contact information
- A clear description of the records sought
- Your preferred format for receiving the records
- Date of request
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Follow up if necessary: If you don't receive a response within five business days, follow up with the agency.
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Pay any applicable fees: Be prepared to pay reasonable fees for copying or extensive search time.
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Appeal if denied: If your request is denied, you have the right to appeal the decision.
Many agencies now offer online portals for requesting and accessing public records, making the process more efficient. The New Hampshire Department of Justice provides guidance on making effective records requests.
Does New Hampshire Have Free Public Records?
New Hampshire law allows for inspection of public records at no cost during regular business hours. However, agencies may charge reasonable fees for:
- Copying documents
- Extensive search and retrieval time
- Special formats or media
- Certification of documents
Many basic records can be viewed for free in person at the relevant agency. Additionally, some agencies provide certain records online at no cost, particularly those of broad public interest or frequently requested items.
The Right-to-Know Law specifically states that fees "shall not be used as a means to discourage requests for information or as obstacles to disclosure of requested information."
How Much Does It Cost To Get Public Records in New Hampshire?
Costs for obtaining public records in New Hampshire vary by agency and record type:
- Paper copies: Typically $0.25 to $1.00 per page
- Electronic copies: Often lower cost or free if records are already in electronic format
- Certified copies of vital records: $15 for the first copy, $10 for each additional copy ordered at the same time
- Criminal record checks: $25 per name search
- Motor vehicle records: $15 for a certified driving record
- Staff time: Some agencies charge for search and retrieval time exceeding a minimum threshold (typically 30 minutes)
Agencies must provide an estimate of costs before proceeding with requests that will incur substantial fees. Some agencies offer fee waivers for requests that primarily benefit the public interest rather than commercial purposes.
How Long Does It Take to Obtain Public Records in New Hampshire?
Under New Hampshire's Right-to-Know Law, agencies must respond to records requests "promptly." While the law doesn't specify an exact timeframe, it requires that when records are not immediately available, the agency must:
- Provide the records within five business days; or
- Deny the request with written reasons within five business days; or
- Acknowledge receipt of the request within five business days and provide a reasonable timeframe for when the records will be available.
Complex requests involving extensive records, redactions, or third-party notifications may take longer. Some common timeframes include:
- Vital records: Often available same-day for in-person requests
- Criminal background checks: 3-7 business days
- Court records: Immediately for basic information, 1-2 weeks for archived cases
- Property records: Often available immediately online or same-day in person
- Business filings: 3-5 business days
What Records Are Confidential In New Hampshire?
New Hampshire law exempts certain records from public disclosure to protect privacy, security, and other important interests. Records that are confidential include:
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Personal privacy exemptions:
- Medical and health records
- Personnel files and employment information
- Social Security numbers
- Personal financial information
- Juvenile records
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Law enforcement exemptions:
- Active investigation records
- Confidential informant information
- Intelligence gathering techniques
- Victim information in certain cases
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Government operation exemptions:
- Attorney-client privileged communications
- Draft documents prior to final approval
- Emergency response plans
- Computer security information
- Test questions and scoring keys
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Business exemptions:
- Trade secrets
- Confidential commercial information
- Proprietary business data
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Other statutory exemptions:
- Adoption records
- Certain educational records (protected by FERPA)
- Library user records
- Child abuse reports
- Grand jury proceedings
Who Has the Right To Request Public Records in New Hampshire
New Hampshire's Right-to-Know Law grants broad access rights to public records. The following entities may request public records:
- Any citizen of New Hampshire
- Any resident of the United States
- Foreign nationals
- Media organizations
- Businesses and corporations
- Non-profit organizations
- Government agencies
- Attorneys and legal representatives
- Researchers and academics
The law does not require requesters to state their purpose or identity when requesting records, though some specific record types (such as vital records) may have restrictions requiring proof of identity or relationship. The law explicitly states that the right to access public records "shall not be diminished by the identity or status of the person making the request."
What Can Be Done With Public Records in New Hampshire
Public records obtained in New Hampshire can be used for various legitimate purposes, including:
- Personal research and information
- Academic and historical research
- Journalism and media reporting
- Business and market research
- Background checks and due diligence
- Property transactions and title searches
- Genealogical research
- Legal proceedings and investigations
- Policy analysis and advocacy
- Monitoring government activities
While there are generally no restrictions on the use of properly obtained public records, certain information may be subject to copyright protection or have specific use limitations. Additionally, using public records for harassment, identity theft, or other illegal purposes is prohibited under various state and federal laws.
Key Agencies and Departments for Public Records in New Hampshire
New Hampshire Department of State
State House, Room 204
107 North Main Street
Concord, NH 03301
(603) 271-3242
New Hampshire Department of State
New Hampshire Division of Motor Vehicles
23 Hazen Drive
Concord, NH 03305
(603) 227-4000
NH Division of Motor Vehicles
New Hampshire Division of Vital Records Administration
9 Ratification Way
Concord, NH 03301
(603) 271-4651
NH Division of Vital Records
New Hampshire Department of Safety
33 Hazen Drive
Concord, NH 03305
(603) 223-3889
NH Department of Safety
New Hampshire Judicial Branch
Administrative Office of the Courts
1 Granite Place, Suite N400
Concord, NH 03301
(603) 271-2521
NH Judicial Branch
New Hampshire State Archives
71 South Fruit Street
Concord, NH 03301
(603) 271-2236
NH State Archives
New Hampshire State Library
20 Park Street
Concord, NH 03301
(603) 271-2144
NH State Library
New Hampshire Secretary of State - Corporation Division
State House, Room 204
107 North Main Street
Concord, NH 03301
(603) 271-3246
NH Corporation Division
New Hampshire Department of Labor
95 Pleasant Street
Concord, NH 03301
(603) 271-3176
NH Department of Labor
New Hampshire Department of Education
101 Pleasant Street
Concord, NH 03301
(603) 271-3494
NH Department of Education
New Hampshire Department of Environmental Services
29 Hazen Drive
Concord, NH 03302
(603) 271-3503
NH Department of Environmental Services
New Hampshire Department of Revenue Administration
109 Pleasant Street
Concord, NH 03301
(603) 230-5000
NH Department of Revenue Administration
New Hampshire General Court
State House
107 North Main Street
Concord, NH 03301
(603) 271-2121
NH General Court
New Hampshire Department of Transportation
7 Hazen Drive
Concord, NH 03302
(603) 271-3734
NH Department of Transportation
New Hampshire Attorney General's Office
33 Capitol Street
Concord, NH 03301
(603) 271-3658
NH Attorney General's Office
New Hampshire Housing Finance Authority
32 Constitution Drive
Bedford, NH 03110
(603) 472-8623
NH Housing Finance Authority
City of Manchester City Clerk's Office
One City Hall Plaza
Manchester, NH 03101
(603) 624-6455
Manchester City Clerk
How to Appeal a Denied Public Records Request in New Hampshire
If your request for public records in New Hampshire is denied, you have several options for appeal:
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Informal resolution: Contact the agency that denied your request to clarify your request or address any misunderstandings.
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Administrative appeal: Submit a written appeal to the head of the agency or the designated Right-to-Know coordinator. Clearly state the grounds for your appeal and reference the specific provisions of the Right-to-Know Law that support your position.
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Right-to-Know Ombudsman: File a complaint with the Office of the Right-to-Know Ombudsman, which was established to resolve disputes without litigation. The Ombudsman can be reached at:
- Office of the Right-to-Know Ombudsman
- 25 Capitol Street
- Concord, NH 03301
- (603) 271-1270
- Right-to-Know Ombudsman
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Petition the Superior Court: If administrative remedies fail, you can file a petition in the Superior Court in the county where the records are located. The court must give such cases priority on the calendar.
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Attorney General's Office: In some cases involving systemic violations, you may file a complaint with the Civil Bureau of the Attorney General's Office.
The law provides for the award of attorney's fees to a prevailing plaintiff if the court finds the agency "knew or should have known" that the records were public and subject to disclosure.
Difference Between Federal and New Hampshire Public Records
Jurisdiction Federal public records are governed by the Freedom of Information Act (FOIA) (5 U.S.C. § 552) and apply only to agencies of the United States federal government. New Hampshire’s public records access is governed by the Right-to-Know Law (RSA Chapter 91-A), which applies to state agencies, counties, municipalities, and other local government entities within New Hampshire. FOIA does not apply to state or local agencies, and the Right-to-Know Law does not apply to federal agencies.
Exemptions FOIA contains nine exemptions, including protection for classified national defense information, trade secrets, and certain personal privacy details. New Hampshire’s Right-to-Know Law has its own exemptions, such as:
- Records whose disclosure would constitute an invasion of privacy
- Confidential law enforcement investigatory files
- Draft documents and notes not part of the official record
- Records whose disclosure would hinder public safety or security
- Information protected by other statutes
Right to Request Both FOIA and the New Hampshire Right-to-Know Law allow any person, regardless of residency, to request records. New Hampshire does not impose a residency requirement, meaning out-of-state requesters can submit public records requests to state or local agencies.
Response Timelines Under FOIA, federal agencies must respond within 20 business days, with possible extensions. In New Hampshire, RSA 91-A requires that agencies respond to a request within five business days by either providing the records, denying the request (with reasons), or acknowledging the request and stating when the records will be available.
Appeals and Enforcement For FOIA, requesters may file an administrative appeal within the federal agency and, if denied, seek judicial review in federal court. Under the Right-to-Know Law, requesters can bring an action in the Superior Court of the county where the request was made. There is no formal administrative appeal body in New Hampshire for public records disputes; the process is court-based.
Penalties for Non-Compliance FOIA violations can result in court orders for release of records and attorney fee awards but do not carry direct fines against agencies. In New Hampshire, courts may order disclosure, award attorney’s fees to the prevailing party, and in some cases impose costs on agencies that act in bad faith.
Legal References
- Federal Law: Freedom of Information Act (FOIA) – 5 U.S.C. § 552
- State Law: Right-to-Know Law – RSA 91-A
- New Hampshire Department of Justice – Civil Bureau: 33 Capitol Street, Concord, NH 03301. Phone: (603) 271-3658. New Hampshire Department of Justice