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SB230: relative to annulment of records of arrests or prosecutions not resulting in a conviction.

Bill details

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Sponsors

Topics

Criminal justice and courts

Official links

SB 230 – AS INTRODUCED

2007 SESSION

07-1317

04/03

SENATE BILL 230

AN ACT relative to annulment of records of arrests or prosecutions not resulting in a conviction.

ANALYSIS

This bill eliminates the requirement that the department of corrections report records of arrests or prosecutions against a defendant who has filed a petition for annulment. This bill also requires petitioners for annulment who were not convicted to pay a $100 investigation fee.

This bill is a request of the department of corrections.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-1317

04/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to annulment of records of arrests or prosecutions not resulting in a conviction.

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

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

IX. When a petition for annulment is timely brought, the court shall require the department of corrections to report to the court concerning any state or federal convictions[, arrests or prosecutions of] against 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 [or he has been found not guilty or his case has been dismissed or not prosecuted in accordance with paragraph II]. The court shall provide a copy of the petition to the prosecutor of the underlying offense and permit [them] him or her to be heard regarding the interest of justice in regard to the petition.

2 Effective Date. This act shall take effect upon its passage.