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Criminal record annulment in New Hampshire

On Behalf of | Aug 20, 2021 | Criminal Defense

After being charged, convicted and sentenced for a crime, one may look to New Hampshire’s annulment process as a path to a new start. New Hampshire has had a long history with its approach to criminal record annulments and qualifying conditions. 

If looking to get a record “wiped-clean,” then it is important to be informed about what qualifies for annulment, and what doesn’t.  

What conditions must be met for annulment?

The following are conditions that must currently be met to be qualified for a possible annulment of a past criminal record:

  • Arrest without conviction: If the charges did not result in a conviction, this would essentially give you a “clean slate.”
  • Class B misdemeanor: If the offense was committed after January 1st, 2019, then there is a two-year waiting period before petitioning for an annulment. If the offense was committed before January 1st, 2019, then there is a three-year waiting period before petitioning for an annulment.
  • Class A misdemeanor: If a Class A misdemeanor offense was committed then there is a three-year waiting period before petitioning for an annulment.
  • Class B felony: The waiting period is five years before asking or annulment.
  • Habitual offender: If a felony drug offenses or vehicle offenses that are deemed as being done by a habitual offender require a seven-year waiting period.
  • Class A felony or DWI offense: These require a 10-year waiting period before seeking an annulment.

The above are not guaranteed to receive annulment as each case is unique and contains extenuating circumstances. However, the above are charges that could qualify. 

What charges do not qualify for an annulment?

There are two types of crimes that do not qualify for annulment: Violent crimes and obstruction of justice. Violet crimes could include assault, battery, murder, rape, arson, etc. Obstruction of justice includes crimes such as tampering with witnesses or evidence. 

If looking for a new start through the annulment of your old criminal charges, find out more about your potential legal options.