Overview Description

A record relating to a case that was dismissed, not prosecuted, resulted in a finding of not guilty, or was vacated following a conviction before January 1, 2019 can be annulled at any time. N.H. Rev. Stat. § 651:5 (II).

There is no statutory language regarding ineligible offenses.

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 at any time.