Nashua Annulment Lawyers
We’ve all made mistakes. Sometimes our poor decisions end up as criminal convictions on your record. Having a criminal record is debilitating. Your criminal record can haunt you for years – your record can ruin your chances at securing a good job, attending your dream college, obtaining a loan or owning/possessing a firearm. However, all is not lost! The annulment process provides an avenue whereby you can essentially erase past convictions if you meet certain criteria.
In New Hampshire the process of removing a conviction is called an annulment. The annulment process is governed by NH RSA 651:5 of the criminal code. A timely filed Petition to Annul will be granted provided the annulment will “assist with rehabilitation” and is “consistent with the public welfare.” Often times the annulment is granted without needing to appear in court.
I Was Only Arrested. I Went To Court And The Case Was Dropped
If you went to court and you were found not guilty or your case was dismissed you are eligible to annul the record of arrest. Get that arrest off your record! Contact our Nashua annulment lawyers for legal guidance on your case.
I Went To Court And I Was Found Guilty After A Trial Or I Plead Guilty
The fact that you were arrested, convicted and sentenced may be annulled in certain cases. The sentencing court will tend to grant the annulment if the annulment will assist with rehabilitation and is otherwise consistent with the public welfare.
If you went to court and were found guilty, or you entered a plea of guilty to a criminal offense, you must wait a certain amount of time until you are eligible for an annulment. The clock for eligibility does not begin running until you have completed all the terms and conditions of your sentence and have remained of good behavior. Filing at the proper time is extremely important. Filing too early will result in a much longer waiting period. Here are the usual timelines:
- A violation: 1 year
- A Class A misdemeanor: 3 years
- A Class B misdemeanor – 2 years
- A Class A felony – 10 years
- A Class B felony – 5 years
- A sexual assault: 10 years
- A misdemeanor Domestic Violence Offense – 10 years
- Possession of ¾ of an ounce of marijuana or less occurring before 9/16/2017 – anytime
You May Be Ineligible For An Annulment If You Were Convicted Of Certain Crimes:
- A crime of violence;
- First Degree Assault;
- Aggravated Felonious Sexual Assault or Felonious Sexual Assault;
- Kidnapping or Criminal Restraint;
- Witness Tampering;
- Obstruction of Justice
Our Nashua annulment attorneys from Hayes Law Firm, PLLC have assisted hundreds of clients getting their past record annulled. Take Action! Call us today to discuss your criminal history and see if you qualify for an annulment.
Can I Even Get This Annulled?
Unfortunately, if you were convicted of any of the following you are not eligible for an annulment:
- Murder to include Negligent Homicide;
- Aggravated Felonious Sexual Assault;
- Felonious Sexual Assault;
- Witness tampering;
- Falsifying physical evidence;
- First Degree Assault;
- Criminal restraint;
Contact our annulment attorneys in Nashua, NH if you have more questions and need legal assistance. Give us a call at 978-314-4950 or fill out our free consultation form.
When Can I File A Petition To Annul
You may file a petition to annul after you complete all the terms of your sentence and have no further convictions for the following time periods:
- Arrest that resulted in Not Guilty finding, a dismissal or nolle prosequi – any time
- Violation – 1 year (unless a motor vehicle offense listed in the Habitual Offender statute)
- Class A Misdemeanor – 3 years
- Class B Misdemeanor – 2 years
- Class A Felony – 10 years
- Misdemeanor Sexual Assault – 10 years
- Felony Indecent Exposure – 10 years
- Felony drug conviction – 7 years
- DWI – 10 years
When Can I Get File A Petition To Annul To Clean Up My Motor-vehicle Record?
Certain motor vehicle offenses covered by the Habitual Offender law have a waiting period longer than one year. The following are the list of driving offenses covered by the Habitual Offender law that require a waiting period of at least 7 years after the conviction date:
- False statements;
- Forged title;
- Taking without owner’s consent;
- Driving After Suspension;
- Reckless Driving;
- Conduct After an Accident;
- Passing a School Bus;
- Negligent Driving;
- Improper Passing;
- Driving without a License;
How Much Are The Filing Fees?
- The Court filing fee is $125. The fee can cover multiple petitions in one court if the petitions are filed at the same time;
- The Department of Correction will charge $100 to complete an investigation into your application for annulment. The DOC will send you a bill directly for $100.
- The Department of Safety/State Police fee is $100 to research and correct your criminal record after the Petition to Annul is granted. The fee is paid directly to the Department of Correction.
Will I Need To Go To Court?
It depends. You may need to appear in court with your Nashua annulment attorney if the prosecutor disagrees with your petition to annul or the Department of Correction disagrees with your request after completing its investigation into your background. The Judge has the discretion to decide whether to remove your record based on the information presented to the court.
What About My Gun Rights After Annulment?
Once your felony is annulled you are clear to own a gun under state and federal law.
Hire Our Annulment Attorneys in Nashua, NH For Help
Call us at 978-314-4950 or fill out our free consultation form to get started. Our criminal defense attorneys will sit down with you and go over your criminal record and the annulment statute to see if you qualify for an annulment.