Overview Description

Records relating to a felony or Class A misdemeanor can be annulled upon the successful completion of a period of conditional discharge. N.H. Rev. Stat. § 651:2 (VI-b).

Ineligible Category or Citation

See section 651:2 (VI)-(VIII) for information on conditional discharge.

Procedure General

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).

 

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 they are 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 after the successful completion of the conditional discharge.

 

(non-prod server)