Overview Description

A record relating to a class A misdemeanor for sexual assault can be annulled by the court 10 years after the sentence completion, if the criteria are met. N.H. Rev. Stat. § 651:5 (III)(f), (VI).

This provision applies only to class A misdemeanor convictions under section 632-A:4.

The petition must be filed in the court that handled the case. For the specific procedure, see N.H. Rev. Stat. § 651:5.

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

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 they are indigent. N.H. Rev. Stat. § 651:5 (IX).

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).

The petition can be filed 10 years after sentence completion.