New Hampshire Affidavit in Support of Motion to Order Expungement of Criminal Record

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Description

Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

(f) Motions to Quash. An individual may request that the court quash a subpoena on the grounds of improper service, hardship, or otherwise as provided by law. Notice of the motion must be served on all parties. The court shall notify all parties of any hearing on the motion and the decision.

New Hampshire DWI Penalties The mandatory penalties for DWI-1st offense are as follows: Minimum fine of $500.00, maximum $1200.00, plus a 24% penalty assessment. Mandatory minimum license loss of 9 months, which may be reduced to as little as ninety days based on conditions. Maximum license loss is two years.

There are required fees to the annulment process, specifically, a court filing fee of $100.00, a Department of Corrections Parole and Probation report fee of $100.00, and a state police administrative fee of $100.00 to remove the annulled CHRI from both the state and FBI criminal history.

New Hampshire law permits petitions to annul and expunge the record of an arrest and a conviction under certain circumstances, including in DWI cases.

Annulment in New Hampshire if You Were Convicted of a Crime You cannot, however, annul a violent crime, a felony obstruction of justice crime, or any offense for which you were sentenced to an extended term of imprisonment.

Keep in mind, New Hampshire law doesn't allow an annulment until 10 years after a conviction. So, you'll have to be prepared to wait this one out and stay clean. Both DWI and aggravated DWI convictions are eligible for expungement. And, if you get an additional DWI, the expungement won't protect you.

There are required fees to the annulment process, specifically, a court filing fee of $100.00, a Department of Corrections Parole and Probation report fee of $100.00, and a state police administrative fee of $100.00 to remove the annulled CHRI from both the state and FBI criminal history.

You can annul your record by filling out and filing a Petition to Annul (free New Hampshire expungement forms are available here). When you annul your record in New Hampshire, it is completely sealed off to the public, and only available under extremely specific circumstances to government officials.

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New Hampshire Affidavit in Support of Motion to Order Expungement of Criminal Record