New Hampshire: Adult Convictions (NH-AR-1)

A record relating to obtaining, purchasing, transporting, or possessing, or having control of 3/4 of an ounce of marijuana, if the offense was committed before September 16, 2017, can be annulled at any time. N.H. Rev. Stat. § 651:5-b.

Record Detail(s)

Drug offenses

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Discretionary

Hearing

Yes, if objection filed

Clearance Process

Petition-based

Remedy

Annul

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The petition must be filed in the court that handled the case. For the specific procedure, see N.H. Rev. Stat. § 651:5(b).

Fees

The Department of Corrections will charge the petitioner a fee of $100, unless the petitioner demonstrates that they are indigent. The Department of Safety will charge the successful petitioner a fee of $100 for researching and correcting the criminal history record, unless the petitioner demonstrates that they are indigent. N.H. Rev. Stat. § 651:5 (X).

Effect

The person is treated as if they have never been arrested, convicted, or sentenced, with exceptions for criminal justice uses. The court records are sealed and, upon payment, the police criminal records are removed. On applications for employment, a person can be questioned about non-annulled records. N.H. Rev. Stat. § 651:5 (X).

Forms

There is no statutory language on forms.

Waiting Periods

There is no statutory language regarding waiting periods.

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