HB 1168 – FINAL VERSION
HOUSE BILL 1168
This bill requires the records of all criminal offenses which have been annulled to be identified as annulled. The bill also repeals a statute making it a criminal offense to knowingly disclose or communicate another’s record of annulment.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to retention and disclosure of annulled criminal records.
Be it Enacted by the Senate and House of Representatives in General Court convened:
249:1 Annulment of Criminal Records. Amend RSA 651:5, X to read as follows:
X. Upon entry of an order of annulment:
(a) The person whose record is annulled shall be treated in all respects as if he or she had never been arrested, convicted or sentenced, except that, upon conviction of any crime committed after the order of annulment has been entered, the prior conviction may be considered by the court in determining the sentence to be imposed, and may be counted toward habitual offender status under RSA 259:39.
(b) The court shall issue the person a certificate stating that such person’s behavior after the conviction has warranted the issuance of the order, and that its effect is to annul the [
record of] arrest, conviction, and sentence, and shall notify the state police criminal records unit, the prosecuting agency, and the arresting agency.
(c) The court records relating to an annulled arrest, conviction, or sentence shall remain public documents. However, the court shall clearly identify on the file and in the electronic record that the arrest or conviction and sentence have been annulled.
(d) The state police criminal records unit shall add an entry to the subject’s record of arrest, conviction, or sentence in the criminal history database stating that the record has been annulled.
(e) The arresting agency and the prosecuting agency shall clearly identify in their respective files and in their respective electronic records that the arrest or conviction and sentence have been annulled.
(f) 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?”
249:2 Repeal. RSA 651:5, XII, relative to knowingly disclosing another's record of annulment, is repealed.
249:3 Applicability. The provisions of section 1 of this act shall apply to criminal charges annulled on or after the effective date of this act.
249:4 Effective Date. This act shall take effect January 1, 2013.
Approved: June 18, 2012
Effective Date: January 1, 2013