Annulments

Annulments
New Hampshire RSA 651:5 enables certain criminal arrests and convictions to be removed from the state and FBI criminal history record. The process begins by filing a Petition to Annul with the court of jurisdiction. There are required fees to the annulment process, specifically, a court filing fee of $100.00, a Department of Corrections Parole and Probation report fee of $100.00, and a state police administrative fee of $100.00 to remove the annulled CHRI from both the state and FBI criminal history. You will want to start by getting a copy of your criminal record which will cost $25, the link to do that is below.
Why bother?
Well, everybody is different but generally for employment, security clearance or licensing issues. These days it seems you need to have your "record run" for many things and minor issues in your past can prevent you from doing the things you want to do. In my almost 30 years as a criminal defense lawyer I can tell you this. You don't "need" the annulment until it is too late, you have been denied the job, prevented from volunteering somewhere or been re-arrested for something and are perceived as a "repeat" offender. If you can annul it, please fill out the forms, pay the fees and file it with the court. You will only regret not doing it.
Some of the specific benefits of an annulment
Upon entry of an order of annulment:
(a) The person whose record is annulled shall be treated in all respects as if he or she had never been arrested, convicted or sentenced, except that, upon conviction of any crime committed after the order of annulment has been entered, the prior conviction may be considered by the court in determining the sentence to be imposed, and may be counted toward habitual offender status under RSA 259:39.
(b) The court records relating to an annulled arrest, conviction, or sentence shall be sealed and available only to the person whose record was annulled, his or her attorney, a court for sentencing pursuant to subparagraph (a), law enforcement personnel for legitimate law enforcement purposes, or as otherwise provided in this section.
(c) In any application for employment, license or other civil right or privilege, or in any appearance as a witness in any proceeding or hearing, a person may be questioned about a previous criminal record only in terms such as "Have you ever been arrested for or convicted of a crime that has not been annulled by a court?"
The Law:
http://www.gencourt.state.nh.us/rsa/html/LXII/651/651-5.htm
Getting the annulment:
Start by getting a copy of your criminal and/or motor vehicle record:
To obtain criminal history record information you may:
Apply in person: walk-in service is provided at the public counter at 33 Hazen Drive, Concord, Room 106A; OR Mail in an application (Notary's Signature is not required); OR A release to a third party (Notary's Signature is not required); OR Request your OWN "Confidential" (Full) record. (Notary Public or Justice of the Peace Signature, Date and Seal are required). For many it is easier to simply send in the request and fee by mail.
There is a $25 fee, the forms are here:
https://www.nh.gov/safety/divisions/nhsp/jib/crimrecords/documents/dssp256.pdf
Obtaining your own motor vehicle record:
https://www.nh.gov/safety/divisions/dmv/financial-responsibility/obtain-record.htm
The checklist to follow:
https://www.courts.state.nh.us/district/servicecenters/checklists/checklistfiles/annulmentchecklist.pdf
The form if your case is not a conviction:
https://www.courts.state.nh.us/forms/nhjb-3056-dse.pdf
Form to use if a conviction after 1/01/2019:
https://www.courts.state.nh.us/forms/nhjb-3057-dse.pdf
Form to be used if a conviction prior to 01/01/2019:
https://www.courts.state.nh.us/forms/nhjb-2317-dse.pdf