Criminal charge annulments aren’t quick

On Behalf of | Dec 4, 2018 | Expungements, Firm News

Many people want to know what they can do about a criminal conviction after they have served their sentence. For some, there is the possibility of expungement, but these cases are limited. In New Hampshire, an expungement is known as an annulment. When you apply for this here, you can only ask the court to remove records from New Hampshire. Convictions and charges from other states will remain on your record.

You must complete a petition to have your records annulled. There is a waiting period for some cases. If you were convicted, you must wait for one to three years, depending on the type of charge. Violation level offenses have a one-year waiting period, Class B misdemeanors have a two-year wait and Class A misdemeanors have a three-year waiting period. The time doesn’t start until you have successfully completed your sentence.

You don’t have a waiting period if you were found not guilty, the charge was dismissed or it was Nol Prossed. In those cases, you can file immediately to have the charge removed. You will still have to go through the entire process, so plan accordingly. This can be difficult if you need the charge off so you can apply for a job, but there isn’t really a way to speed things up.

When you file the petition, you must have a separate petition for each charge. There are several steps to complete when you want to file this petition. Getting an annulment isn’t a quick process, so be prepared to wait. You will have to complete a questionnaire that the Department of Corrections will send you. That agency will then make a recommendation to the court who is handling your petition.