Annulment of Your Criminal Records in New Hampshire
Recently, the laws regarding criminal annulment in New Hampshire have changed. Under these new provisions, the disclosure of records that have been annulled is decriminalized. It is now possible for your record (regardless of whether it has been annulled or not) to appear in a state background check. Although the record will also show the annulment, this may hinder your efforts to return to gainful employment. Even if you have not been convicted, the record of your arrest may show up on a background check.
- It must be clearly stated in the record that your arrest, your conviction, and your sentencing details have all been annulled.
- In New Hampshire, if a criminal annulment will help you with successful reintegration, (i.e. obtaining gainful employment), then the sentencing court may approve an annulment of your criminal record. (As long as it will not potential harm the welfare of the public).
- You also have the right to find out for sure whether your offense qualifies for a criminal annulment.
The law can be confusing and complicated. To find out if your criminal record can be annulled, please call New Hampshire criminal lawyer Kevin M. Tighe today. If your case qualifies, we would be happy to help you get started.
Currently, the amount of time that you must wait before seeking criminal annulment will vary depending on the offense. The time breaks down as follows for each type of offense based on when the sentence is completed:
- If no conviction the record of arrest can be annulled immediately
- Violation level offenses – one year
- Class B Misdemeanors – three years
- Class A Misdemeanors – three years
- Class B Felonies – five years
- Class A Felonies – ten years
How do I know whether my particular offense even qualifies for a criminal annulment?
That’s a very good question. Not all offenses can be annulled in the state of New Hampshire. The most serious offense will remain on your record permanently. The state will not grant an annulment if the crime was a violent offense. Obstruction of justice is also ineligible for criminal annulment. Violent crimes include Aggravated Felonious Sexual Assault, Felonious Sexual Assault in the first degree, Assault in the first degree, Kidnapping, Class A felony Arson, and of course Murder among other offenses.
Every case is different. To find out more about your rights and options regarding criminal annulment, please give us a call today. We offer free and confidential consultations to help you make the best decision.
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