What happens if approved?
If the court agrees with your request to remove your criminal record, except for a few circumstances you are treated in all respects as if you had never been arrested, convicted, or sentenced. If you are convicted of any crime committed after the order of annulment is granted, the prior annulled conviction may be considered by the court in determining the sentence to be imposed, and may be counted toward habitual offender status.
After granting your request to remove your record, the court gives you a certificate stating that your behavior after the conviction justified the court’s order, and that the order annuls the arrest, conviction, and sentence. The court then notifies the State Police Criminal Records Unit, the prosecuting agency, and the arresting agency.
The court records relating to an annulled arrest, conviction, or sentence are sealed and available only to the person whose record was annulled, his or her attorney, a court for sentencing purposes, law enforcement personnel for legitimate law enforcement purposes, or a few other narrow circumstances.
You pay a fee not to exceed $100 to the State Police for each annulled conviction. However, the $100 fee can cover multiple annulled convictions if the petitions were all filed in one court. There is no fee for annulled charges that did not result in a conviction. The State Police Criminal Records Unit removes the annulled criminal record and informs all appropriate state and federal agencies of the annulment.
The arresting agency and the prosecuting agency must clearly identify in their respective files and in their respective electronic records that the arrest or conviction and sentence have been annulled.
In any application for employment, license, or other civil right or privilege, or in any appearance as a witness in any proceeding or hearing, a person may be questioned about a previous criminal record only in terms such as, "Have you ever been arrested for or convicted of a crime that has not been annulled by a court?''
Can anyone find out about my annulled conviction from New Hampshire?
The court records relating to an annulled arrest, conviction, or sentence are sealed and available only to the person whose record was annulled, his or her attorney, a court for some sentencing purposes, law enforcement personnel for legitimate law enforcement purposes, or a few other narrow circumstances.
The federal government does not recognize annulments under New Hampshire’s law; this includes immigration authorities and federal courts.
There are some third party background check providers who may not update their records regularly. This can present some issues for individuals with annulled convictions. If your annulled conviction appears on a background check, you should ask for a copy of the report. You should consult with an attorney about this issue and you may contact 603 Legal Aid for further instructions. Just fill out an online application and an intake worker will call you back.
What is the time frame to remove my criminal record?
There is no clear answer. Your request to remove your criminal record will not be granted instantly. Remember, the Department of Correction's investigation and report must be completed before the court considers the request. The court may also schedule a hearing. The time frame can depend on how busy the court is. You should also keep in mind that even after a court approves a request to remove a criminal record, it may take time for your criminal record to be removed from access to the general public.
What can I do if I am not currently eligible to annul my record?
You should keep all of the documents you will need to file the Petition to Annul in one place. You should also keep any letters of recommendation that would support a future request to annul your prior record. The letters could be from past employers, probation officers, ministers or church members, community leaders, counselors, social workers, or drug treatment staff. The letters should be from someone whose opinion is respected or professional.
You should follow the law and remain conviction-free going forward. If you receive another conviction, it will prolong the waiting period you will have to complete to be eligible to file a Petition to Annul your record.
You should also seek the assistance of community programs that help you with the job search process.
What resources are available for finding employment in New Hampshire?
There are several resources in New Hampshire that may assist you in finding job opportunities.
211 New Hampshire
New Hampshire’s 2-1-1 is an easy to remember telephone number that connects callers, at no cost, to information about critical health and human services available in their community. Dialing 211 from a cell phone may not work. Mobile users can also dial 1-866-444-4211 to reach the same program. You can also visit their website to search for employment resources.
NH Works
NH Works is New Hampshire's partnership of state agencies and community-based organizations offering a wide variety of services to job seekers, employers needing a trained and work-ready workforce, and youth looking for an alternative educational/career path experience.
Get more information about other eligibility based programs associated with NH Works.
New Hampshire Employment Security
New Hampshire Employment Security supports workers through times of unemployment and matches job seekers with employers.
Contact:
New Hampshire Employment Security
45 South Fruit Street
Concord, NH 03301
Telephone: (603) 228-4100
NH Employment Program
The New Hampshire Employment Program (NHEP) is an employment support program that provides cash assistance to eligible families with able-bodied parents and assists those parents in becoming self-sufficient by promoting work through the provision of employment support and training services.
For more information, visit their website (LINK NOT WORKING, ORIGINAL LINK: https://www.dhhs.nh.gov/dfa/tanf/employment.htm).
Granite State Independent Living
Granite State Independent Living (GSIL) provides assistance with finding employment and guidance in career planning for individuals who receive Social Security Disability benefits or those who have a disability.
Regardless of your level of experience or field of interest, GSIL’s employment services can help you find local and quality jobs throughout New Hampshire.
For more information, visit their website (LINK NOT WORKING, ORIGINAL LINK: https://www.gsil.org/employment-services/job-placement-services).
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Date: 1/24/2016Author: Bregan