Applying for a job or renting an apartment can feel like an uphill battle when a past mistake follows you. Each background check becomes a moment of uncertainty, wondering if a single event from years ago will once again stand in your way.
If you have a prior DUI or a minor drug offense, you likely want to move on and leave that part of your life behind. In New Hampshire, there is a legal path that may help you do just that.
Understanding annulment in New Hampshire
In New Hampshire, the process often called “expungement” is officially known as annulment. Once granted, your record is sealed from public view, legally allowing you to state on most employment and housing applications that the arrest or conviction never occurred.
These records are not destroyed and remain accessible to law enforcement and the courts for limited purposes. However, annulment serves as a vital tool for rehabilitation, removing the public burden of a permanent criminal history.
Reviewing eligibility and waiting periods
Your eligibility depends on the offense type and when you received an unconditional discharge from your entire sentence, including all fines, probation and court-ordered programs.
- Violations: 1 year (some post-2019 violations are automatic)
- Class B misdemeanors: 2 years (10 years if involving domestic violence)
- Class A misdemeanors: 3 years (10 years if involving domestic violence)
- DWI offenses: 10 years from the date of conviction
Meeting these timeframes is the first step; a judge must ultimately determine that the annulment is consistent with the public welfare.
Navigating the court petition and filing steps
To begin, obtain your Criminal History Record Information (CHRI) from the state police and file a petition in the court of conviction. Total administrative fees are $325, plus applicable electronic filing surcharges. Once filed, the prosecutor has 20 days to object before the Department of Corrections completes a 60-day investigation.
Reclaiming your future with a clean slate
When the court grants your petition, the state and FBI update their records to reflect the change. While the process requires patience and attention to detail, the result is a clean slate that allows you to apply for opportunities with a renewed sense of security.
Taking this step is a way to ensure that a past mistake does not define where you can go from here.
