HB626 (2017) Detail

Relative to annulment of criminal records.


HB 626-FN - AS INTRODUCED

 

 

2017 SESSION

17-0500

04/10

 

HOUSE BILL 626-FN

 

AN ACT relative to annulment of criminal records.

 

SPONSORS: Rep. Stone, Rock. 1; Rep. Dyer, Hills. 37

 

COMMITTEE: Criminal Justice and Public Safety

 

-----------------------------------------------------------------

 

ANALYSIS

 

This bill provides that a person whose arrest, including an arrest prior to the enactment of the annulment statute, resulted in a finding of not guilty, or whose case was dismissed or not prosecuted shall have their arrest and court record annulled at no cost.  The bill also amends the restriction on filing a further petition for annulment after denial.  

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0500

04/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to 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, I-II to read as follows:

I.  Except as provided in paragraphs V-VIII, the record of arrest, conviction and sentence of any person may be annulled by the sentencing court at any time in response to a petition for annulment which is timely [brought] filed by the petitioner in the sentencing court in accordance with the provisions of this section if in the opinion of the court, the annulment will assist in the petitioner's rehabilitation and will be consistent with the public welfare.  The court may grant or deny an annulment without a hearing, unless a hearing is requested by the petitioner.

II.(a)(1)  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] shall have their arrest record and court record relating to such arrest or case automatically annulled at no cost or charge to the person.

(2)  Any person who was arrested prior to the effective date of this section which resulted in a finding of not guilty, or which resulted in the case being dismissed or not prosecuted, shall have their arrest record or court record automatically annulled upon the filing of a petition at any time, either in person or by mail, with the court that had jurisdiction over the case or with the department of safety, division of state police.  There shall be no charge or cost to the petitioner.  

(b)  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.

2  Annulment of Criminal Records.  Amend RSA 651:5, IV to read as follows:

IV.  If a petition for annulment is denied, no further petition shall be brought more frequently than once every [3 years] year thereafter.

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

 

LBAO

17-0500

Revised 1/25/17

 

HB 626-FN- FISCAL NOTE

as introduced

 

AN ACT relative to annulment of criminal records.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2018

FY 2019

FY 2020

FY 2021

   Appropriation

$0

$0

$0

$0

   Revenue

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [ X ] Criminal Records Account

 

METHODOLOGY:

This bill allows for an annulment of an arrest record and a court record without cost if the arrest resulted in a finding of not guilty, or if the case was dismissed or not prosecuted, or if a conviction was subsequently vacated.  The bill also allows an individual to petition for annulment on an annual basis if denied, as opposed to the existing limitation of every three years.  

 

The Judicial Branch states it currently charges a $125 filing fee for an annulment in both the superior and circuit court.  No data is available to estimate the number of filing fees currently collected, foregone filing fee revenue, or how many additionally annulments may be filed resulting from this bill.  Under current law such filing fee revenue is distributed as follows:

  • 30% Judicial Branch Information Technology Fund
  • 6% Escrow Fund for Court Facility Improvements
  • 64% State General Fund

 

The Judicial Branch estimates the costs of annulment for criminal records to be as follows:

 

Judicial Branch

FY 2018

FY 2019

 

Circuit Court Annulment Costs

$71

$72

 

Superior Court Annulment Costs

$274

$279

 

The Department of Safety states this bill will increase its operating expenditures.  The Department assumes it will need an additional five full-time Counter Clerk II (LG 9) positions, to process annulment requests, search, and remove the NH CHRI record, and contact the Federal Bureau of Investigation (FBI) for removal of offenses under this bill.   The Department estimates the costs resulting from the five new positions would be $230,000 in FY 2018, $255,000 in FY 2019, $270,000 in FY 2020, and $285,000 in FY 2021.  Such costs will be a charge against the special nonlapsing criminal records account authorized under RSA 106:B-7, II.   

 

The Department of Justice states it will be able to handle annulment petitions within its current budget.  

 

The Judicial Council states this bill will not impact its operating budget.  

 

The New Hampshire Association of Counties states this bill will have no impact on county expenditures or revenue.

 

AGENCIES CONTACTED:

Judicial Branch, Judicial Council, Department of Justice, New Hampshire Association of Counties, and Department of Safety

 

Links

HB626 at GenCourtMobile

Action Dates

Date Body Type
Jan. 31, 2017 House Hearing
Feb. 14, 2017 House Exec Session
March 8, 2017 House Floor Vote

Bill Text Revisions

HB626 Revision: 709 Date: Jan. 25, 2017, 2:14 p.m.

Docket

Date Status
Jan. 5, 2017 Introduced 01/05/2017 and referred to Criminal Justice and Public Safety HJ 3 P. 22
Jan. 31, 2017 Public Hearing: 01/31/2017 01:00 PM LOB 204
Feb. 14, 2017 Executive Session: 02/14/2017 LOB 204
March 8, 2017 Committee Report: Inexpedient to Legislate for 03/08/2017 (Vote 19-2; CC) HC 14 P. 9
March 8, 2017 Removed from Consent (Rep. Hoell) 03/08/2017 HJ 9 P. 7
March 9, 2017 Lay on Table (Rep. Welch): MA VV 03/09/2017 HJ 10 P. 63
Died on Table