HB1389 (2010) Detail

Relative to the annulment of a criminal record.


HB 1389 – AS INTRODUCED

2010 SESSION

10-2525

04/09

HOUSE BILL 1389

AN ACT relative to the annulment of a criminal record.

SPONSORS: Rep. Walz, Merr 13

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill defines the extent of the record to be annulled in a criminal matter.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10-2525

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to the annulment of a criminal record.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Annulment of Criminal Records. Amend RSA 651:5, XV to read as follows:

XV. As used in this section, “record of arrest, conviction, and sentence” means all records, reports, documents, statements, or other facts or evidence of any type in any form concerning the annulled matter which is in the possession of a law enforcement agency, the court, or both, and which would otherwise be discoverable in a criminal proceeding.

XVI. A petition for annulment of any record of arrest, conviction, and sentence authorized by this section may be brought in the supreme court with respect to any such record in the supreme court, provided that no record in the supreme court relating to an opinion published in the New Hampshire Reports may be annulled.

2 Effective Date. This act shall take effect January 1, 2011.