Overview Description

Records relating to a drug felony can be annulled by the court seven years after conviction, if the criteria are met. RSA 318-B:28-a, 262:19(IV), 651:5.

Ineligible Category or Citation

See RSA 651:5 (V) for offenses ineligible for annulment.

Procedure General

The petition must be filed in the court that handled the case. For the specific procedure, see RSA 651:5.

If a petition for annulment is denied, the petitioner must wait three years to re-petition. RSA 651:5 (IV).

Fees

The Department of Corrections will charge the petitioner a fee of $100, unless the petitioner demonstrates that they are indigent. The Department of Safety will charge the successful petitioner a fee of $100 for researching and correcting the criminal history record, unless the petitioner demonstrates that he or she is indigent. N.H. Rev. Stat. § 651:5 (IX).

Effect

The person is treated as if they have never been arrested, convicted, or sentenced, with exceptions for criminal justice uses. The court records are sealed and, upon payment, the police criminal records are removed. On applications for employment, a person can be questioned about non-annulled records. N.H. Rev. Stat. § 651:5 (X).

Waiting Periods

The petition can be filed seven years after conviction.

(non-prod server)