PETITION FOR ANNULMENT (EXPUNGEMENT) OF CRIMINAL RECORD
State of New Hampshire – [COURT NAME]
Docket No. [DOCKET NUMBER]
IN THE MATTER OF:
The State of New Hampshire
v.
[PETITIONER FULL LEGAL NAME], Petitioner
Effective Date of Filing: _____
TABLE OF CONTENTS
- Definitions
- Jurisdiction and Venue
- Background and Procedural History
- Statutory Eligibility & Waiting-Period Compliance
- Sealed-Record Access Parameters
- Representations & Affirmations
- Relief Requested
- Notice to Interested Parties
- General Provisions
- Verification
- Certificate of Service
- Proposed Order (Exhibit A)
[// GUIDANCE: Delete the Table of Contents for shorter filings if desired; keep page numbers synchronized if left in place.]
1. DEFINITIONS
For purposes of this Petition only, the following capitalized terms shall have the meanings set forth below:
“Annulment” means the judicial nullification of a criminal record pursuant to N.H. Rev. Stat. Ann. § 651:5.
“Eligible Offense” means an offense that is not categorically excluded from annulment under § 651:5, V.
“Waiting Period” means the minimum statutory period that must elapse, measured from the later of the conviction date or the completion of all terms of the sentence, before a petition for annulment may be filed under § 651:5, III.
“Sealed Record” means the court and law-enforcement records which, upon entry of an annulment order, are removed from public inspection in accordance with § 651:5, X.
2. JURISDICTION AND VENUE
2.1 This Court has jurisdiction over the subject matter of this Petition pursuant to N.H. Rev. Stat. Ann. § 651:5.
2.2 Venue is proper in this Court because the underlying criminal matter was adjudicated in this judicial district.
3. BACKGROUND AND PROCEDURAL HISTORY
3.1 On [DATE OF ARREST], Petitioner was charged with [OFFENSE DESCRIPTION] in violation of [STATUTE CITED IN CHARGING DOCUMENTS].
3.2 On [DATE OF CONVICTION / DISMISSAL], the Court entered a [CONVICTION / DISMISSAL / NOT-GUILTY] disposition under Docket No. [DOCKET NUMBER].
3.3 Petitioner satisfied all terms and conditions of the sentence, including the payment of fines, fees, and restitution, on [DATE OF COMPLETION OF SENTENCE].
4. STATUTORY ELIGIBILITY & WAITING-PERIOD COMPLIANCE
4.1 Petitioner’s offense qualifies as an Eligible Offense because it is a [VIOLATION / MISDEMEANOR / FELONY CATEGORY] not specifically excluded under § 651:5, V.
4.2 More than the requisite Waiting Period has elapsed, namely:
a. Violation-level offense – at least one (1) year;
b. Class B misdemeanor – at least three (3) years;
c. Class A misdemeanor – at least five (5) years;
d. Class B felony – at least five (5) years; or
e. Class A felony – at least ten (10) years.
[// GUIDANCE: Select subparagraph (a)–(e) to match the case facts; strike the inapplicable categories.]
4.3 Petitioner has not been convicted of any subsequent criminal offense during the Waiting Period.
4.4 No criminal charges are currently pending against Petitioner in any jurisdiction.
4.5 Petitioner has paid all outstanding fines, fees, restitution, and civil penalties associated with the above-referenced matter.
5. SEALED-RECORD ACCESS PARAMETERS
5.1 Petitioner acknowledges that, if annulment is granted, the record will be sealed from public inspection; however, limited law-enforcement access will remain available as authorized by § 651:5, X.
5.2 Petitioner understands that any future criminal conviction may permit the Court to consider the annulled record for sentencing enhancement purposes pursuant to § 651:5, XI.
6. REPRESENTATIONS & AFFIRMATIONS
6.1 Petitioner affirms, under penalty of perjury, that the factual statements contained herein are true and correct to the best of Petitioner’s knowledge, information, and belief.
6.2 Petitioner further represents that the relief requested herein is not sought for any improper purpose or to defraud any person or entity.
7. RELIEF REQUESTED
WHEREFORE, Petitioner respectfully requests that the Court:
a. Grant this Petition and enter an Order annulling the above-referenced criminal record pursuant to N.H. Rev. Stat. Ann. § 651:5;
b. Direct the clerk of court and all relevant law-enforcement agencies to seal all records pertaining to the offense in accordance with § 651:5, X;
c. Provide such other and further relief as the Court deems just and proper.
8. NOTICE TO INTERESTED PARTIES
8.1 Pursuant to § 651:5, VI, Petitioner shall provide notice of this Petition to the prosecuting authority that handled the original charge.
8.2 The prosecuting authority shall have thirty (30) days from service to object in writing should it deem an objection warranted.
9. GENERAL PROVISIONS
9.1 Amendment. Petitioner reserves the right to amend or supplement this Petition to correct clerical errors or to reflect newly discovered information, subject to Court approval.
9.2 Severability. If any provision of this Petition is found unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.
10. VERIFICATION
I, [PETITIONER NAME], being duly sworn, depose and say that I am the Petitioner in the above-entitled matter; that I have read the foregoing Petition for Annulment and know the contents thereof; and that the same are true to the best of my knowledge, information, and belief.
Date: ___ Signature: ________
[PRINTED NAME]
State of New Hampshire
County of ______
On this _ day of __, 20__, before me, the undersigned Notary Public, personally appeared [PETITIONER NAME], proved to me through satisfactory evidence of identification, and acknowledged that he/she executed the foregoing instrument for the purposes therein contained.
Notary Public
My Commission Expires: _____
11. CERTIFICATE OF SERVICE
I certify that on the ___ day of ____, 20__, I caused a true and correct copy of this Petition for Annulment to be served upon the [NAME OF PROSECUTING AUTHORITY] by [HAND-DELIVERY / FIRST-CLASS MAIL / OTHER METHOD].
[ATTORNEY NAME], Esq.
Counsel for Petitioner
[Bar #__]
12. PROPOSED ORDER (EXHIBIT A)
[// GUIDANCE: Attach a short, separate proposed order for the judge’s signature. Include findings that the statutory criteria are satisfied and direct the clerk and agencies to seal the record.]
[// GUIDANCE:
1. Review RSA 651:5 in its entirety to verify case-specific eligibility before filing.
2. Confirm that all monetary obligations are satisfied; courts routinely deny petitions with unpaid balances.
3. File original plus copies as required by local rule; include the filing fee set by the clerk.
4. Serve the prosecutor promptly to commence the 30-day objection window.
5. Retain proof of service and obtain a file-stamped copy for your client.
]