Annulment of Criminal Convictions in New Hampshire
How Our Legal Team Can Clean Up Your Record and Help You Start a New Chapter
An annulment, sometimes called an expungement, is a legal process through which you can remove your criminal record. If you get an annulment, your records and convictions will be sealed. At Bernazzani Law, we take pride in helping individuals wipe their records clean so they can move forward with their lives. For many people, an annulment creates a chance to start anew and take advantage of the opportunities that the rest of their lives hold. Some of the benefits of getting your criminal conviction annulled include:
- Relief from difficulties with housing, both through landlords and public assistance
- Access to federal benefit programs
- Greater chances of employment
- Access to licenses needed for certain kinds of employment
- Greater chances of admission to higher education
- Greater chances of enlisting in the armed forces
- Access to grants, loans, or work assistance programs for students in higher education
What Records Are Eligible for Annulment?
If you are looking to get your criminal record annulled and start the next chapter of your life, it is important to know what kinds of convictions are not eligible for annulment.
RSA 651:5 sets forth specific convictions which may not be annulled, including a violent crime, felony obstruction of justice, or any offense for which the petitioner was sentenced to an extended term of imprisonment pursuant to RSA 651-A:6. Furthermore, if you have three or more disorderly or petty disorderly persons offenses, you would be disqualified for expungement. There are specific serious violent crimes that would disqualify you from annulment include homicide, kidnapping, aggravated sexual assault, luring or enticing, false imprisonment, criminal restraint, arson, robbery, perjury, false swearing, and endangering the welfare of a child by engaging in sexual conduct.
In New Hampshire, if you want to petition for an annulment, all of the terms and conditions for the sentence must be fulfilled and you must not be convicted of any other offense. Further, in order to annul one conviction on your record, you must be eligible to annul every conviction on your record.
With some exceptions, this is the amount of time you must wait for each type of offense:
- A violation (besides offenses specified under habitual offender laws): 1 year
- Class A misdemeanor: 3 years
- Class B misdemeanor: 3 years
- Class A felony: 10 years
- Class B felony: 5 years
If you are interested in getting your criminal conviction annulled, there are specific laws surrounding each conviction. Give us a call at (603) 261-2214 for help with these complicated legal matters.
How Does the Annulment Process Work in New Hampshire?
By requiring offenders to wait a specific amount of time before they can obtain an annulment, the hope is that rehabilitation will be possible. At Bernazzani Law, we understand that a criminal conviction can actually impede this process. That is why we are aggressively dedicated to walking you through this process and advocating for your case. We will help you file a petition, which the court will use to review the specifics of your case. This process might include consulting with the prosecutor of the offense that is being annulled. If the court does not approve the petition for an annulment, you will typically need to wait around three years before you can petition again, but we will do all that is in our power to produce the most favorable outcome for your future.
For help seeking an annulment for a criminal conviction in New Hampshire, call Bernazzani Law at (603) 261-2214 or contact us online.
Some attorneys portray themselves as bulldogs. However, being overly aggressive is not always effective. When a fight is necessary, we fight. But when it is clear that a negotiated or mediated solution can yield better results — and the client wants this — we do not hesitate to follow the more fruitful path.
This is another way of saying "we've got your back." Retain our firm, and we will advocate for you in the strongest possible manner. We are dedicated to helping you and your family.
Our training and experience as mediators, negotiators and litigators give us a full suite of options to bring to your legal problem. Whether a court fight or a mutually agreeable solution is in your best interest, we are flexible enough to serve you. We make ourselves available by email, phone and through our helpful and competent staff.
We listen to our clients, and we relate to their problems — always providing clients, and their concerns, the time and attention required. We believe that understanding our clients is vital to helping them resolve those problems.