CHAPTER 135
HB 255-FN – FINAL VERSION
11Mar2015… 0161h
2015 SESSION
04/09
HOUSE BILL 255-FN
AN ACT relative to petitioning for annulment of a class B misdemeanor offense.
SPONSORS: Rep. Harvey, Hills 29; Rep. Welch, Rock 13; Rep. Cushing, Rock 21; Rep. Berch, Ches 1; Sen. Carson, Dist 14; Sen. Reagan, Dist 17; Sen. Fuller Clark, Dist 21; Sen. Soucy, Dist 18
COMMITTEE: Criminal Justice and Public Safety
This bill reduces the waiting period for petitioning for annulment of a class B misdemeanor offense. The bill also establishes a 3-year waiting period for petitioning for annulment of an offense involving a family or household member or intimate partner.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11Mar2015… 0161h
15-0328
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT relative to petitioning for annulment of a class B misdemeanor offense.
Be it Enacted by the Senate and House of Representatives in General Court convened:
135:1 Annulment of Criminal Records. Amend RSA 651:5, III to read as follows:
III. Except as provided in RSA 265-A:21 or in paragraphs V and VI, any person convicted of an offense may petition for annulment of the record of arrest, conviction, and sentence when the petitioner has completed all the terms and conditions of the sentence and has thereafter been convicted of no other crime, except a motor vehicle offense classified as a violation other than driving while intoxicated under RSA 265-A:2, I, RSA 265:82, or RSA 265:82-a for a period of time as follows:
(a) For a violation, one year, unless the underlying conviction was for an offense specified under RSA 259:39.
(b) For a class B misdemeanor except as provided in [subparagraph (f), 3 years] subparagraphs (f) and (h), 2 years.
(c) For a class A misdemeanor except as provided in subparagraph (f), 3 years.
(d) For a class B felony except as provided in subparagraph (g), 5 years.
(e) For a class A felony, 10 years.
(f) For sexual assault under RSA 632-A:4, 10 years.
(g) For felony indecent exposure or lewdness under RSA 645:1, II, 10 years.
(h) For any misdemeanor where the victim was, at the time of the offense, a family or household member or intimate partner as those terms are defined in RSA 173-B:1, 3 years.
135:2 Effective Date. This act shall take effect January 1, 2016.
Approved: June 12, 2015
Effective Date: January 1, 2016