Revision: Dec. 14, 2015, midnight
\t \t\tHB 1451-FN - AS INTRODUCED
2016 SESSION
\t16-2447
\t04/09
HOUSE BILL\t1451-FN
AN ACT\tallowing persons convicted of certain nonviolent first offenses to petition for an annulment of the criminal record.
SPONSORS:\tRep. Parison, Hills. 25; Rep. Coffey, Hills. 25; Rep. Pantelakos, Rock. 25; Rep. Borden, Rock. 24; Sen. Avard, Dist 12
COMMITTEE:\tCriminal Justice and Public Safety
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ANALYSIS
\tThis bill allows a person convicted of certain first offenses for simple assault, misdemeanor reckless conduct, or misdemeanor criminal threatening, where the person has no other criminal convictions, to petition for annulment of his or her criminal record. The bill also allows a person to petition for annulment if the person’s conviction was subsequently vacated.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2447
\t04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\tallowing persons convicted of certain nonviolent first offenses to petition for an annulment of the criminal record.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Sentences; Annulment of Criminal Records. Amend RSA 651:5, V to read as follows:
\t\tV. No petition shall be brought and no annulment granted in the case of any violent crime, of felony obstruction of justice crimes, or of any offense for which the petitioner was sentenced to an extended term of imprisonment under RSA 651:6 except where the defendant was convicted of first offense simple assault under RSA 631:2-a, first offense misdemeanor reckless conduct under RSA 631:3, or first offense misdemeanor criminal threatening under RSA 631:4 and where the defendant had no other felony or misdemeanor convictions.
\t2 Annulment of Criminal Records. Amend RSA 651:5, II to read as follows:
\t\tII. Any person whose arrest has resulted in a finding of not guilty, or whose case was dismissed or not prosecuted, may petition for annulment of the arrest record or court record, or both, at any time in accordance with the provisions of this section. Any person who was convicted of a criminal offense whose conviction was subsequently vacated by a court may petition for annulment of the arrest record or court record, or both, in accordance with the provisions of this section.
\t3 Effective Date. This act shall take effect January 1, 2017.
\t\t\t\t\t\t\t\t\t\t\t16-2447
\t\t\t\t\t\t\t\t\t\t\t11/20/15
HB 1451-FN- FISCAL NOTE
AN ACT\texempting persons convicted of certain nonviolent first offenses to petition for an annulment of the criminal record.
FISCAL IMPACT:
The Judicial Branch states this bill, as introduced, will have an indeterminable fiscal impact on state expenditures in FY 2017 and in each year thereafter. There will be no fiscal impact state revenue or on county or local expenditures or revenue.
METHODOLOGY:
The Judicial Branch states this bill would amend the annulment of criminal records statute to allow annulment of criminal records for first offenses of simple assault under RSA 631:2-a, of misdemeanor reckless conduct under RSA 631:3, and criminal threatening under RSA 631:4. In all cases the defendant would have to have no other misdemeanor convictions to qualify for annulment of his or her criminal record. The Branch states the three crimes for which first offenses would be eligible for annulment are among the most charged offenses in the criminal code. In fiscal year 2015, 6,002 charges of simple assault, 586 charges of misdemeanor reckless conduct, and 1,364 charges of criminal threatening were filed in the district division of the circuit court. The Branch states annual volume over the past decade was similar. The Judicial Branch statistics do not indicate how many of these charges were first offenses, and the Branch has no way of knowing how many individuals convicted of first offenses under the three statutes would qualify for annulment, however, the Branch believes the number of new petitions for annulment of a criminal conviction could be significant. The Branch assumes the cost of processing petitions for annulment would be similar to the cost to process class A misdemeanors. The estimated average cost of a class A misdemeanor, and therefore of a petition for annulment, in the district division of the circuit court will be $70.33 in FY 2017 and $73.73 in FY 2018. The Branch believes the volume of new petitions for annulment will be such that the fiscal impact on the Branch will be well in excess of $10,000 annually. Finally, the Branch states the cost figures for misdemeanors are based on studies of judicial and clerical weighted caseload times which are now more than ten years old and many changes have occurred during that time span with respect to processing class A and B misdemeanors.