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Hayes Law Firm, PLLC

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Hayes Law Firm, PLLC

Free Consultation 978-314-4950

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Expungement is the removal or destruction of criminal records from public records. This means that once your case has been closed, the police or other parties cannot access your arrest information anymore.

The law allows certain individuals who have had their charges dropped or reduced to have those records removed from public view. The first step in having criminal records expunged from your record is to hire a Nashua expungement lawyer to discuss your case.

What is Expungement?

Expungement is a process that allows people to erase certain aspects of their criminal history. In most cases, expungement occurs when a person successfully completes probation or parole or serves out his or her entire sentence. However, there are exceptions and limitations to the rules governing expungement. For example, while many states allow individuals convicted of minor crimes such as traffic tickets to petition for expungement, others require more serious convictions like murder or rape. Some states even limit the number of times a person can apply for expungement.

While each state has different options and limitations regarding expungement, all states permit some form of record sealing for juvenile offenders. To qualify for expungement in New Hampshire, applicants generally need to meet one of the following criteria:

  • Found not guilty by a judge
  • Meet all terms and conditions of the sentence
  • Enough time has passed based on the type of crime

The amount of time that must pass before you can apply for expungement varies based on the conviction in New Hampshire. If you are convicted of a Class B Misdemeanor, two years must pass. For a Class A Felony, 10 years must pass. 

Can You Expunge a Juvenile Record?

The process of having a juvenile record expunged is sometimes known as juvenile record sealing. In most cases, it involves the court granting permission to seal the case file, thus eliminating any public access to the information contained within. This type of relief is generally granted automatically in certain states, while others require the applicant to submit paperwork to the proper authorities.

Expunging Criminal Charges That Did Not Lead to a Conviction

New Hampshire law allows individuals to have a criminal charge removed from their record if it does not result in a conviction. If you are charged with a crime, there are several ways to go about getting that criminal charge expunged from your record. You must follow the correct procedures outlined in the statute, however, and make sure you do everything correctly. If you want to learn how to expunge a felony or misdemeanor charge, contact a Nashua expungement lawyer.

What is the Difference Between Expunging and Sealing Your Record?

There are some key differences between expungement and sealing. For one thing, expungements mean that the records disappear completely, while sealings keep the records but remove access to the information. 

The difference between expungement and record sealing is significant. If you are charged with a crime, you could face serious consequences if your conviction stays on your record. Even if you are later acquitted of the charge, your record will possibly remain available indefinitely. It’s important to work with an expungement lawyer to make sure it is completely removed from your criminal record, so you’re able to more easily find employment and housing.

Reasons to Have Your Criminal Record Expunged

There are many reasons why having a criminal record might hurt your chances of getting ahead. For example, employers often use background checks to screen out candidates. Some companies even require applicants to disclose convictions and arrests. Others do not allow employees convicted of certain crimes to work for them. In addition, some schools and landlords consider criminal history during the application process.

If you want to clear up old charges, there are several ways to go about doing so. One option is to petition the court for an expungement. This procedure allows you to request that the state seal your arrest information and related documents, effectively eliminating the public record of your conviction. 

Another way to obtain a criminal record expungement is to file a motion under Chapter 651 of the NH Criminal Code. As long as you meet certain requirements, such as being eligible for probation, you may qualify for relief. However, there are limitations on what types of offenses you can ask the court to erase. For instance, you cannot get rid of traffic tickets or minor misdemeanors. You must also serve your entire sentence without incident.

A third option is to seek a pardon. While this type of relief is rare, it does exist. Most states offer pardons for relatively minor infractions, including shoplifting, drug possession, and disorderly conduct. 

Scheduling a Consultation With a Nashua Expungement Lawyer

Hiring an experienced and knowledgeable expungement attorney is essential to ensuring that your rights are protected. An expungement lawyer knows how to navigate the legal system and ensure that your rights are upheld.

In order to get your records expunged, you’ll need to contact a local expungement lawyer. Call Hayes at 978-314-4950 or by using our online contact form. We are here to help you navigate the process of expungement in New Hampshire.