New Hampshire: Adult Diversion/Deferral Program (NH-D-1)

Records relating to a felony or Class A misdemeanor can be annulled upon the successful completion of a period of conditional discharge. N.H. Rev. Stat. § 651:2 (VI-b).

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Discretionary

Hearing

Yes, if objection filed

Clearance Process

Petition-based

Remedy

Annul

Ineligible Category or Citation

See section 651:2 (VI)-(VIII) for information on conditional discharge.

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. If a petition for annulment is denied, the petitioner must wait three years to re-petition. N.H. Rev. Stat. § 651:5 (IV).

Fees

The Department of Corrections 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 indigent. N.H. Rev. Stat. § 651:5 (IX).

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

The petition can be filed after the successful completion of the conditional discharge.

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