New Hampshire: Adult Non-Conviction Arrests (NH-NC-2)

A record relating to a case ending on or after January 1, 2019 that was dismissed, not prosecuted, resulted in a finding of not guilty, or was vacated following a conviction is annulled. N.H. Rev. Stat. § 651:5 (II-a).

Record Detail(s)

Charges resolved in favor of defendant

Charges not filed

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Automatic

Remedy

Annul

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The procedure is automatic, 30 days after dismissal or not-guilty verdict, or immediately upon vacatur of conviction or affirmation of dismissal by an appellate court. N.H. Rev. Stat. § 651:5 (II-a).

Fees

There are no fees.

Effect

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

Forms

There is no statutory language on forms.

Waiting Periods

There is no waiting period.

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