Annutto Law Office Criminal Defense in New Hampshire & Massachusetts
Annutto Law Office Criminal Defense inNew Hampshire &Massachusetts

ANNULMENT / EXPUNGEMENT OF RECORD

In the state of New Hampshire, persons who have been convicted of a crime may be able to have their criminal record annulled in certain specific cases. If you would like to know whether or not you qualify for an annulment, contact our office to discuss your case.

Who Qualifies for an Annulment?

 

It is easier to answer the question of who does not qualify for annulment. This is because even if a person technically qualifies for an annulment, the decision of whether or not to grant the request is still left to the discretion of the court. You should consult with our office prior to filing a petition for annulment to make sure that your offense is one that qualifies.

 

In the state of New Hampshire, only two classes of people are not qualified for an annulment: 1) persons who have been convicted of violent criminal offenses, 2) persons who have been convicted of obstruction of justice offenses, and 3) DWI offenses less than 10 years due to enhanced penalties.

 

Examples of violent crime include murder, aggravated sexual assault, kidnapping, robbery, first degree assault, and a variety of other offenses. Examples of obstruction of justice crimes include falsifying evidence and witness tampering.

 

How Does the Court Make a Decision?

 

Once a person has consulted with Annutto Law Office and has been informed that their offense is one that can be annulled from their criminal record, they must then file a petition for annulment. Once the petition is filed, the sentencing court will review it and make a decision. The court will only grant an annulment if they believe doing so will assist the criminal defendant with rehabilitation. Persons who have continued to engage in criminal behavior will likely not be given an annulment. The court will not grant an annulment in cases where there is reason to believe that the petitioner poses a threat to the safety and well-being of the public at large.

 

When Can I Petition to Have My Criminal Record Annulled?

 

The amount of time a person has to wait to request an annulment will vary based on the offense. The waiting time period does not begin until the completion of the sentence. For example, a person who is convicted of simple assault and sentenced to a one year in the house of corrections with all of it suspended for one year, which is a misdemeanor, must complete the entire sentence then wait another 3 years before petitioning the court for an annulment. The standard waiting periods are:

  • Persons convicted of a violation or offense must wait 1 year.
  • Persons convicted of a Class B misdemeanor must wait 3 years.
  • Persons convicted of a Class A misdemeanor must wait 3 years.
  • Persons convicted of a Class B felony must wait 5 years.
  • Persons convicted of a Class A felony must wait 10 years.

Contact Us

Annutto Law Office

369 Main St

Nashua, NH 03060

 

Phone: +1 603 881-9161

Fax: +1 603 821-5185

Email: joe@annuttolawoffice.com

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Annutto Law Office

400 TradeCenter; Suite 5900

Woburn, MA   01801

 

Phone: +1 978 4584566

Email: joe@annuttolawoffice.com

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Annutto Law Office

100 Cummings Center; Suite 207-P

Beverly, MA   01965

 

Phone: +1 978 4584566

Email: joe@annuttolawoffice.com

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Or use our contact form.

Office Hours

We can be reached during the following hours:

 

Monday through Friday

8:30 am to 5:00 pm

 

Nights and Weekends

By phone

 

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