Revision: March 8, 2016, midnight
\t \t\tSB 391 - AS INTRODUCED
2016 SESSION
\t16-2873
\t04/10
SENATE BILL\t391
AN ACT\trelative to annulment of certain misdemeanor offenses.
SPONSORS:\tSen. Forrester, Dist 2; Sen. Watters, Dist 4; Rep. Vadney, Belk. 2; Rep. Gallagher, Belk. 4; Rep. Ford, Graf. 3
COMMITTEE:\tJudiciary
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ANALYSIS
\tThis bill amends the waiting period for petitioning for the annulment of a misdemeanor marijuana or hashish offense.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2873
\t04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to annulment of certain misdemeanor offenses.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Annulment of Criminal Records. Amend RSA 651:5, III to read as follows:
\t\tIII. 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:
\t\t\t(a) For a violation, one year, unless the underlying conviction was for an offense specified under RSA 259:39.
\t\t\t(b) For a class B misdemeanor except as provided in subparagraphs (f) and (h), 2 years.
\t\t\t(c) For a class A misdemeanor except as provided in [subparagraph (f)] subparagraphs (f) and (i), 3 years.
\t\t\t(d) For a class B felony except as provided in subparagraph (g), 5 years.
\t\t\t(e) For a class A felony, 10 years.
\t\t\t(f) For sexual assault under RSA 632-A:4, 10 years.
\t\t\t(g) For felony indecent exposure or lewdness under RSA 645:1, II, 10 years.
\t\t\t(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.
\t\t\t(i) For a class A misdemeanor under RSA 318-B:26, II(d), 2 years.
\t2 Effective Date. This act shall take effect 60 days after its passage.