New Hampshire Criminal Record Expungement: Learn How to Get Your Criminal Record Expunged in New Hampshire
Youth and its adventurousness often coax people to make silly mistakes and commit blunders. But then it is easy to make mistakes and not so easy to deal with the consequences. A small error of judgment in the past can greatly affect one's life in the future. A criminal record is one such thing. It can not only hinder your career growth but even make it difficult to find good accommodation or get a loan. Fortunately, it is possible to get rid of your criminal record by seeking an expungement in most states provided your case meets the eligibility criteria.
The expungement of criminal records means your criminal record will move out of the public eye. In New Hampshire, the technical term for expungement is an annulment. Once your record is annulled, it cannot be accessed by anyone and will not pop up in a background check.
The first thing to do is to find out if your criminal record is eligible for annulment. A number of factors contribute to this including if you were actually convicted or not.
New Hampshire Criminal Record Expungement is hassle-free if your arrest did not lead to conviction and you were not prosecuted or were declared not guilty or the case was dismissed. In this case, you can submit a petition for the annulment of your arrest immediately.
Criminal Record Expungement New Hampshire allows most felony convictions to be annulled except those falling under the category of 'Violent Crimes', 'Obstruction of Justice crimes and convictions for charges with ‘Sentencing Enhancement Statute’.
For all other felony and misdemeanor convictions, you must have completed your sentence and undergone the required waiting period to be eligible for annulment. Waiting periods differ and depend on the criminal offense. For Class A felony or sexual assault, a waiting period of ten years is mandatory. A period of five years needs to be observed for most Class B felonies. Indecent exposure, Lewdness or Sexual Assault call for a waiting period of ten years.
For all Class A misdemeanors except sexual assault, a three-year wait is required. A two-year waiting period needs to be completed for most Class B misdemeanors (not including sexual assault). There is no waiting period if the conviction was later vacated by the court.
In New Hampshire, a felony that falls under the controlled drug act (NH RSA 318-B) cannot be expunged for seven years from the date of conviction. Additionally, a waiting period of five years for Class B felonies and ten years for Class A felonies also needs to be completed. Driving offenses in the state have a waiting period of 7 or 10 years, depending upon the severity of the case.
Once you know your criminal record is eligible for annulment, you can proceed with the paperwork.
To have New Hampshire Expunge Criminal Record, you will need to file a petition for annulment in the court where you were convicted or the court where the case was dismissed or resolved if you were not convicted. Before you do so, you may want to obtain a copy of your criminal record from the New Hampshire State Police Criminal Record Unit. Once you have all the required documents, you can hire an attorney for legal assistance or approach the court yourself.
A court filing fee of $125 has to be paid when submitting your petition. Additional fees may need to be paid to the Department of Corrections (DOC) and the Department of Safety. Those who are unable to pay the court fees can submit a financial affidavit to the court expressing their financial situation.
Getting a Criminal Record Expunged in New Hampshire is not difficult if you are equipped with the right information and follow the correct process.
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