Below is an overview of some of frequently asked questions about how to get your criminal record annulled in New Hampshire. Importantly the time period to file for annulment depends on each arrest, conviction, and sentence. An attorney's help can make a difference in filing properly. We welcome you to contact Reis & O'Keefe for assistance.
Annulment of criminal convictions and arrests is critical in improving employment opportunities. Your court file is eliminated. Annulment is sometimes also known as having your criminal record expunged.
No — no crime is automatically annulled in New Hampshire. The Court has discretion over which crimes are annulled and some offenses are non-annullable. RSA 651:5 and Criminal Court Rule 31 govern the time frame of annulment petitions.
No. Even if you are not convicted of a criminal charge, you must petition the Court to have the arrest or charge annulled.
No — annulment doesn't make your record disappear entirely, but most people and employers will not know you were arrested and convicted. The record check run by most employers contacts the Department of Safety and their record will not show annulled offenses.
Even if your record is annulled, people with access to FBI records check capability can discover the record. Also, local police departments may maintain their own files separate from the court file.
There are many reasons, here are a few:
Exactly what you need to do to get a criminal record annulled in New Hampshire varies and it’s easier with our help. RSA 651:5 and Criminal Court Rule 31 govern annulment time frames. Annulment involves some fill-in-the-blank forms, but the time period to file for annulment depends on each arrest, conviction, and sentence. Completion of all of the terms and conditions of a sentence is necessary for potential annulment of that offense. And some crimes are annullable, where some aren't — and the difference is not necessarily obvious. For example, it is intuitive that some crimes such as murder are not annullable in New Hampshire. It is far less obvious that falsifying physical evidence under RSA 641:6 it not annullable because it qualifies as a felony obstruction of justice crime. DWI offenses are not annullable for 10 years.
We’re happy to help you navigate the New Hampshire annulment process to free you from the burdens of prior convictions. Contact us for a free consultation.