Annulments for criminal records have specific requirements

On Behalf of | Mar 6, 2019 | Expungements, Firm News

In New Hampshire, criminal record expungements are known as annulments. There are very strict requirements for records to be annulled. Understanding some of the requirements might help you determine whether your case may qualify or not. It is important to remember that the court has great discretion about whether to grant the petition or not.

One of the most important things to remember in these cases is that you can’t even begin the waiting period for the annulment until you have completed all the sentencing requirements for your conviction. If you weren’t convicted, you can petition the court right away once the case is finished through a dismissal, nolle prossed or not guilty finding.

The time period for waiting after a conviction depends on the type of charge you were facing. Before you file a petition, make sure that everything is finished from your case, including any probation or community service. You also have to be done paying your fines and costs.

People who go through mental health or drug court, or a veteran’s track have to wait for one year after they finish the program before they can file for an annulment. A violation has a one-year waiting period. A class B misdemeanor and some class A misdemeanors have a two-year waiting period, but other class A misdemeanors have a three-year waiting period. The range for felonies is two to 10 years.

The annulment process can take time because of the many steps. It is imperative that you are prepared to wait since you can’t really hurry these up. Making sure that you have done your part may help you to avoid delays.