HB 1269 – AS INTRODUCED
2014 SESSION
05/03
HOUSE BILL 1269
AN ACT relative to expungement of agency records.
SPONSORS: Rep. Bickford, Straf 3
COMMITTEE: Executive Departments and Administration
This bill establishes a judicial process for expungement of agency records.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
14-2324
05/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fourteen
AN ACT relative to expungement of agency records.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Petition to Expunge Agency Records. Amend RSA 507 by inserting after section 17 the following new subdivision:
Petition to Expunge Agency Records
507:18 Petition to Expunge Agency Records.
I. Any person who is the subject of a frivolous or unfounded complaint or investigation by a state agency, including but not limited to a law enforcement agency, may file a petition for expungement. The petition shall be filed in the district court and shall include:
(a) The petitioner’s full name, address, and date of birth.
(b) A description of the complaint or investigation records to be expunged, with any additional information related to the incident that the petitioner deems relevant.
(c) Identification of any state agency in possession of records for which expungement is sought.
II. The petition for expungement shall be filed on forms promulgated by the court.
III.(a) When a petition for expungement is filed, the district court shall require the relevant agency to report to the court any additional information related to the petition the court believes may aid it in making a determination on the petition.
(b) Upon receipt of the agency’s report, the court may act on the petition without further hearing or may schedule the matter for hearing at the request of either party.
IV. The court shall grant an order of expungement if the court finds by clear and convincing evidence that the complaint or investigation is frivolous, unfounded, or without basis in law or fact; and that the continued existence and possible dissemination of information relating to the complaint or investigation causes or may cause a manifest injustice to the petitioner.
2 Effective Date. This act shall take effect 60 days after its passage.