Bill Text - HB450 (2013)

Relative to the annulment of criminal records.


Revision: Jan. 22, 2013, midnight

HB 450-FN – AS INTRODUCED

2013 SESSION

13-0688

04/01

HOUSE BILL 450-FN

AN ACT relative to the annulment of criminal records.

SPONSORS: Rep. Winters, Hills 18

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill requires that records of annulled convictions be sealed and requires the state police criminal records unit to remove an annulled conviction upon payment of the required fee.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

13-0688

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Thirteen

AN ACT relative to the annulment of criminal records.

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

1 Annulment of Criminal Records. Amend RSA 651:5, X(c)-(d) to read as follows:

(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] be sealed and available only to the person whose record was annulled or his or her attorney, a court for sentencing pursuant to subparagraph (a), law enforcement personnel for legitimate law enforcement purposes, or as otherwise provided in this section.

(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] Upon payment of a fee not to exceed $100 to the state police, the state police criminal records unit shall remove the annulled conviction from the person’s criminal record and inform all appropriate state and federal agencies of the annulment.

2 Effective Date. This act shall take effect 60 days after its passage.

LBAO

13-0688

01/16/13

HB 450-FN - FISCAL NOTE

AN ACT relative to the annulment of criminal records.

FISCAL IMPACT:

    The Legislative Budget Assistant has determined that this legislation, as introduced, has a total fiscal impact of less than $10,000 in each of the fiscal years 2013 through 2017.