Understanding Annulments
We’ve all made mistakes. Sometimes poor decisions end up as criminal convictions on your record. Having a criminal record is debilitating. Your criminal record can haunt you for years. It can result in ruining your chances at securing a good job, attending your dream college, obtaining a loan, or owning/possessing a firearm. A criminal record can also make you ineligible for federal benefits, including federal student financial aid. However, all is not lost! The annulment process provides an avenue where you can essentially erase past convictions, provided you meet certain criteria.
The New Hampshire Annulment Process
In New Hampshire, the process of removing a conviction is called an annulment. The annulment process is governed by NH RSA 651:5 of the criminal code. A timely filed Petition to Annul will be granted, provided the annulment will “assist with rehabilitation” and is “consistent with the public welfare.” Annulments are often granted without needing to appear in court.
If you went to court and you were found not guilty or if your case was dismissed, you are eligible to annul the record of arrest. Get that arrest off your record!
If you went to court and were found guilty, or you entered a plea of guilty to a criminal offense, you must wait a certain amount of time until you are eligible for an annulment. The clock for eligibility does not begin running until you have completed all the terms and conditions of your sentence and have remained of good behavior. Filing at the proper time is extremely important. Filing too early will result in a much longer waiting period.
Here Are the Usual Timelines
Violation: 1 year- Class A misdemeanor: 3 years
- Class B misdemeanor: 2 years
- Class A felony: 10 years
- Class B felony: 5 years
- Sexual assault: 10 years
- A Misdemeanor Domestic Violence Offense: 10 Years
- Possession of ¾ of an ounce of marijuana or less occurring before 9/16/2017: anytime
You May Be Ineligible for an Annulment if You Were Convicted of Certain Crimes
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A crime of violence
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First Degree Assault
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Aggravated Felonious Sexual Assault or Felonious Sexual Assault
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Kidnapping or Criminal Restraint
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Robbery
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Witness Tampering
The Process
The annulment process begins with filing a Petition to Annul with the court that has jurisdiction. There are required fees for the annulment process, including, a court filing fee of $125, a Department of Corrections Parole and Probation report fee of $100, and, lastly, a state police administrative fee of $100 to remove the annulled criminal history from both the State and FBI criminal history.
Obtaining Your Criminal Record
The first step is to obtain a copy of your criminal and motor vehicle record. It is important that you and your lawyer know what, specifically, is on your record. Your criminal record will tell us when you went to court, where you went to court, what, if anything, you pleaded guilty to, and what charges may have been dropped. The same is true regarding your motor vehicle record.
Motor Vehicle Record
Any infraction committed while operating a motor vehicle will be reflected in your motor vehicle record. The Division of Motor Vehicles is the central database that collects all your driving information from within the state and from out-of-state motor vehicle registries.
The Division of Motor Vehicles is required to keep your motor vehicle record confidential. Your motor vehicle record is only available to certain people or businesses. For instance, law enforcement, insurance companies, government agencies, and individuals themselves can access the record. For a small fee, you can request your motor vehicle record from the DMV.
Motor Vehicle Offenses
How long will it take before I’m eligible to have my conviction annulled?
DWIs can be annulled 10 years after the sentence is completed.
Most other motor vehicle offenses can be annulled 7 years after the sentence is completed.
