Post-conviction DNA Testing in New Hampshire

Any person who is incarcerated, on probation or parole, or whose liberty is otherwise restrained as a result of a conviction or adjudication as a delinquent may petition the superior court in the county of their conviction for post-conviction DNA testing of any biological material any time after the conviction. In 2021, the law was amended to make a number of changes. Those amendments: expanded the category of eligible petitioners to include those who are not in custody, lowered the threshold to obtain testing, removed specific barriers to testing, accounted for improvements in DNA testing technology that may impact the results, required consent before consuming an entire sample for testing, and provided appointment of legal counsel for petitioners sooner in the process. Effective: 2004; Amended most recently: 2021.

Read the statute.


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