Misdemeanor expungement in New Hampshire allows individuals who have been convicted of a misdemeanor to have their criminal record sealed or destroyed. Expungement is a legal process that can help those with a criminal record move on with their lives and potentially improve their job prospects and other opportunities. In this article, we will provide an overview of the eligibility requirements and process for misdemeanor expungement in New Hampshire.
To be eligible for misdemeanor expungement in New Hampshire, an individual must meet certain criteria.
1.An individual must have been convicted of a misdemeanor.
Misdemeanors are generally less serious crimes than felonies, and they are punishable by up to one year in jail. Examples of misdemeanors in New Hampshire include simple assault, possession of small amounts of controlled substances, and theft.
2.The individual must have completed all terms of their sentence, including any probation, community service, or other penalties.
This means that the individual must have served any jail time, paid any fines, and completed any other requirements instructed by the court.
3.The individual must have waited a certain amount of time before applying for expungement.
The length of time that must be waited depends on the specific circumstances of the case. For example, an individual who was convicted of a misdemeanor and sentenced to probation must wait at least three years before applying for expungement. An individual who was sentenced to jail time must wait at least five years.
There are some exceptions to these time requirements. For example, if the individual was under the age of 18 at the time of the offense, they may be able to apply for expungement after only one year. Additionally, if the individual was convicted of a misdemeanor but did not receive a sentence, they may be able to apply for expungement immediately.
Once an individual has met the eligibility requirements for misdemeanor expungement in New Hampshire, they can begin the process.
1. The first step is to file a petition for expungement with the court.
The petition must include information about the individual’s criminal history and the specific misdemeanor for which they are seeking expungement. It must also include information about the individual’s current circumstances, such as their employment, residence, and any other relevant information.
2. The next step is for the court to hold a hearing on the petition.
At the hearing, the individual will have the opportunity to present evidence and argue why their criminal record should be expunged. The court will also consider any objections or objections to the expungement. If the court grants the expungement, it will issue an order sealing or destroying the individual’s criminal record.
If the court denies the expungement, the individual has the option to appeal the decision. They can file a notice of appeal with the court and present their case to a higher court.
There are some limitations on misdemeanor expungement in New Hampshire.
For example, expungement does not apply to certain types of misdemeanors, such as domestic violence offenses and sexual offenses. Additionally, expungement does not apply to federal crimes or crimes committed in other states.
It is important to note that expungement does not completely erase an individual’s criminal record. It only seals or destroys the record from public view. The record may still be accessible to certain government agencies and law enforcement organizations, such as the FBI and the Department of Homeland Security.
It is generally a good idea for individuals to seek legal counsel when considering expungement. An attorney can provide guidance on the eligibility requirements and the expungement process, as well as help prepare and file the petition for expungement and represent the individual at the hearing. An attorney can also advise on the chances of success and the potential consequences of seeking expungement. It is important to note that expungement is a legal process and it is advisable to have legal representation to ensure that the process is handled properly.
Conclusion
In conclusion, misdemeanor expungement in New Hampshire can help individuals who have been convicted of a misdemeanor move on with their lives and improve their job prospects and other opportunities. To be eligible for expungement, an individual must have been convicted of a misdemeanor, completed all terms of their sentence, and waited the allotted amount of time before applying. The expungement process involves filing a petition with the court, attending a hearing, and possibly appealing a denial of the expungement. However, it is important to note that expungement does not completely erase an individual’s criminal record and certain types of misdemeanors, such as domestic violence and sexual offenses, are not eligible for expungement.
