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NEW HAMPSHIRE CRIMINAL EXPUNGEMENT ATTORNEY

New Hampshire. Rev. Stat. Ann. 651:5

I. Except as provided in paragraphs V-VIII, the record of arrest, conviction and sentence of any person may be annulled by the sentencing court at any time in response to a petition for annulment which is timely brought in accordance with the provisions of this section if in the opinion of the court, after hearing, the annulment will assist in the petitioner's rehabilitation and will be consistent with the public welfare. II. Any person whose arrest has resulted in a finding of not guilty, or whose case was dismissed or not prosecuted, may petition for annulment of the arrest record at any time in accordance with the provisions of this section. III. With exceptions, a person convicted of an offense may petition for annulment of the record of arrest, conviction and sentence when the petitioner has completed all the terms and conditions of the sentence and has thereafter been convicted of no other crime, except a motor vehicle offense classified as a violation other than driving while intoxicated, for a period of time as follows:

(a) for a violation 1 year, with exceptions (see RSA 259:39); (b) for a class B misdemeanor 3 years; (c) for a class A misdemeanor 3 years; (d) for a class B felony 5 years; (e) for a class A felony 10 years; (f) for sexual assault 10 years; (g) for felony indecent exposure or lewdness 10 years.

IV. If a petition for annulment is denied, no further petition shall be brought more frequently than every 3 years thereafter. V. No petition shall be brought and no annulment granted in the case of any violent crime, of any crime of obstruction of justice, or of any offense for which the petitioner was sentenced to an extended term of imprisonment. VI. If a person has been convicted of more than one offense, no petition for annulment shall be brought and no annulment granted:

(a) If annulment of any part of the record is barred under paragraph V; or (b) Until the time requirements under paragraphs III and IV for all offenses of record have been met.

VI-a. A conviction for an offense committed under the laws of another state which would not be considered an offense under New Hampshire law, shall not count as a conviction for the purpose of obtaining an annulment under this section. VII. If, prior to disposition by the court of a petition for annulment, the petitioner is charged with an offense conviction for which would bar such annulment under paragraph V or VI(a) or would extend the time requirements under paragraphs III, IV and VI(b), the petition shall not be acted upon until the charge is disposed.

Other New Hampshire State Statutes

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