HB418: relative to annulment of arrest records for defendants whose cases result in acquittal, dismissal, or failure to prosecute.

HB 418 - AS AMENDED BY THE SENATE

25mar03... 0542h

04/24/03 1328s

2003 SESSION

03-0514

09/10

HOUSE BILL 418

AN ACT relative to annulment of criminal records.

SPONSORS: Rep. Derby, Carr 7

COMMITTEE: Criminal Justice and Public Safety

AMENDED ANALYSIS

This bill permits a defendant whose case resulted in acquittal, dismissal or failure to prosecute to make a post-trial motion for annulment of the arrest record. The bill removes the requirement that a $100 fee be charged to a defendant who petitions for annulment of an arrest record.

The bill also permits annulments after one year of criminal records for certain misdemeanor sentences including conditional or unconditional discharge.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

25mar03... 0542h

04/24/03 1328s

03-0514

09/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to annulment of criminal records.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Annulment of Criminal Records. Amend RSA 651:5, II to read as follows:

II. Any person whose arrest has resulted in a finding of not guilty, or whose case was dismissed or not prosecuted, may petition for annulment of the arrest record at any time in accordance with the provisions of this section. Immediately upon court order issuing upon a finding of not guilty or when the case is dismissed or not prosecuted, the defendant may immediately file a petition for annulment of record. If this petition is filed immediately following an acquittal in court, the court shall inquire of the state if it has no objection. If it does not, the court may immediately act upon the petition for annulment of the record of arrest, immediately granting the same if the court deems it appropriate to do so.

2 Annulments of Criminal Records; Investigations; Fees. RSA 651:5, IX is repealed and reenacted to read as follows:

IX. When a petition for annulment is timely brought seeking annulment of a record of conviction, the court shall require the department of corrections to make a report concerning any state or federal convictions of arrest or prosecutions of the petitioner and any other information which the court believes may aid in making a determination on the petition. The department shall charge the petitioner a fee of $100 to cover the cost of such investigation, unless the petitioner demonstrates that he or she is indigent. The court shall provide a copy of the petition to the prosecutor of the underlying offense and permit the prosecutor to be heard concerning the interests of justice with regard to the petition. When a petition of annulment of a record of arrest is brought pursuant to paragraph II, the court shall not require the payment of the $100 fee to cover the cost of investigation. The court, in its discretion, may order an investigation by the department of corrections and report concerning the same issues raised as if a record of conviction were being requested and the court may, in its discretion, taking into consideration any documents filed with the petition for annulment including a statement from the petitioner immediately upon entry of a petition to annul record of arrest, grant the same without further proceedings.

3 Annulment of Criminal Records; Misdemeanor Sentences Including Conditional or Unconditional Discharges. Amend RSA 651:5, III(b) and (c) to read as follows:

(b) For a class B misdemeanor except as provided in subparagraph (f), 3 years unless the sentence includes a conditional or unconditional discharge, in which case the period shall be one year.

(c) For a class A misdemeanor except as provided in subparagraph (f), 3 years unless the sentence includes a conditional or unconditional discharge, in which case the period shall be one year.

4 Effective Date. This act shall take effect January 1, 2004.