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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.
Text to be added highlighted in green.
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 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, 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 year thereafter.
3 Effective Date. This act shall take effect 60 days after its passage.