Many people that were convicted of a crime may have forgotten about it because it has not been affecting their daily lives. However, with today’s tight job market, this old conviction could prevent you from getting a job that you want.
Removing a conviction (or alternatively a non-prosecuted or dismissed charge i.e. “Nol Pros”) from your record in New Hampshire is called “annulment”. Other states refer to it as “expunged”.
New Hampshire RSA 651:6 specifies the criteria and waiting periods before submitting the Petition for Annulment. Different kinds of charges have different waiting periods. Once the criteria and waiting periods are met, a Petition may be filed. However, it is entirely in the Court’s discretion whether to grant the Petition or not. Should the Court deny your request, you must wait three years before submitting another Petition.
If you were convicted (or plead guilty), the Department of Corrections will also perform an investigation. The fee for their investigation is in addition to the Court application fee.
The entire process usually takes a few months, so be prepared to wait two to three months after filing the Petition before receiving a ruling.
Should the Court grant the Petition to Annul, the record of your conviction is removed from the public court records. A separate fee must also be paid to the Department of Safety to remove your record from the state and national databases.
For more information on how Welts, White & Fontaine, P.C. can assist you with the annulment process, please contact us at (603) 883-0797.
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