Written by Attorney William Whitten.
“Out out damned record, out out I say.” Similar to a spot of blood on your hands, a criminal record can act as a stain on job applications, school enrollments and enlisting in the military. Unlike the spot of blood in Macbeth, it is possible to remove a wide variety of New Hampshire criminal records. Unfortunately, annulment of criminal records is not available in the Vermont courts, nor in the federal courts. In those courts a person must seek a pardon from either the state governor, or the President of the United States.
To date, Decato law office has not assisted anyone in seeking a pardon.
Keep in mind that the statute does not permit the annulment of certain “violent” offenses. Examples are arson, some sexual offenses and murder. It is important to review the statute and the conviction to ensure that the offense is one that can be annulled.
Once it is determined that the offense is eligible to be annulled an application listing the offense, or record of arrest, is filed with the court of record for the offense. The County Attorney and local prosecutor may also review the petition and may object to the annulment being granted. The annulment is not mandatory, which is to say it is discretionary with the court. If there is no objection from the prosecuting authorities and the D.O.C. , the court is likely to grant the petition. If the annulment is granted, the State Police records department is notified to annul the record.
“To annul or not to annul, that is the question,” or, why bother? By New Hampshire law an employer may ask: “Have you ever been arrested for or convicted of a crime that has not been annulled by a court?” Hopefully, a person can answer NO! In general, a NO answer to that question enhances the chances of being hired for the job. It may also assist a person in enlisting in the military. Keep in mind that even if an offense is annulled, a court in sentencing a person for a subsequent offense can ask whether or not a defendant has had an offense annulled and take into consideration an offense that has been annulled. If the criminal offense is a felony the annulment will restore the right to carry a firearm and therefore the right to resume hunting.
All in all, should there be a criminal offense, or even a record of arrest in your past, it is probably beneficial to consult with an attorney and determine whether or not you are eligible to apply for an annulment of that record.
“Out out damned record, out out I say.” Similar to a spot of blood on your hands, a criminal record can act as a stain on job applications, school enrollments and enlisting in the military. Unlike the spot of blood in Macbeth, it is possible to remove a wide variety of New Hampshire criminal records. Unfortunately, annulment of criminal records is not available in the Vermont courts, nor in the federal courts. In those courts a person must seek a pardon from either the state governor, or the President of the United States.
Keep in mind that the statute does not permit the annulment of certain “violent” offenses. Examples are arson, some sexual offenses and murder. It is important to review the statute and the conviction to ensure that the offense is one that can be annulled.
Once it is determined that the offense is eligible to be annulled an application listing the offense, or record of arrest, is filed with the court of record for the offense. The County Attorney and local prosecutor may also review the petition and may object to the annulment being granted. The annulment is not mandatory, which is to say it is discretionary with the court. If there is no objection from the prosecuting authorities and the D.O.C. , the court is likely to grant the petition. If the annulment is granted, the State Police records department is notified to annul the record.
“To annul or not to annul, that is the question,” or, why bother? By New Hampshire law an employer may ask: “Have you ever been arrested for or convicted of a crime that has not been annulled by a court?” Hopefully, a person can answer NO! In general, a NO answer to that question enhances the chances of being hired for the job. It may also assist a person in enlisting in the military. Keep in mind that even if an offense is annulled, a court in sentencing a person for a subsequent offense can ask whether or not a defendant has had an offense annulled and take into consideration an offense that has been annulled. If the criminal offense is a felony the annulment will restore the right to carry a firearm and therefore the right to resume hunting.
All in all, should there be a criminal offense, or even a record of arrest in your past, it is probably beneficial to consult with an attorney and determine whether or not you are eligible to apply for an annulment of that record.
Posts
Remarkable blog! I have no words to praise, it has really allured me. instant criminal background check
ReplyDelete