When Can You Get Criminal Charges Annulled?
If you have successfully completed your sentence and waited the required amount of time to file for a criminal annulment, you may be able to get your charges expunged. It is important to know for sure if your waiting period has expired. Seeking the advice of a New Hampshire criminal lawyer is a good idea. You are not eligible to petition for an annulment for certain offenses, including among other offenses, certain sexual assaults. The waiting period for misdemeanors is of course less than for felonies. The waiting time for a misdemeanor is generally two to three years, a felony is somewhere between seven and ten years. This is very general information, and your specific waiting period will depend on the details of your charge. It is important to speak with a knowledgeable New Hampshire criminal lawyer before you file for an annulment, because filing too early could prolong your waiting period.
What If You Were Never Convicted?
If you were arrested for a criminal offense and not convicted of the crime, you may petition for the arrest record to be annulled. An individual may be arrested and not convicted if there was not a prosecution of the case, if the case was dismissed or if there was a finding of not found guilty.
Does an Annulment Completely Erase My Conviction?
An arrest record or conviction which has been annulled may still be used by some government agencies. Such records may need to be disclosed in cases in which you apply for a professional license (for instance, legal or medical) or in the case in which criminal offenses were committed after the annulment, in other words for sentencing purposes. However, you will not have to disclose annulled records on job or apartment applications. Additionally, private investigators, creditors, educational institutions and employers cannot use information about your arrest or conviction.
Do You Need a Lawyer to Get Your Criminal Record Annulled?
Criminal convictions can be complex. Depending on your specific criminal record, the annulment process could take a couple of months or much longer. In addition to the complexity of some criminal cases, waiting periods also vary depending on the charge. If a petition is filed before the waiting period is up, it will be denied. You will then have to wait three years before another petition is filed. The best course of action in getting your charge annulled is to speak with a New Hampshire criminal Lawyer. Contact Seufert Law today for more information on how we can help you with expunging a conviction in NH. You can contact us by filling out this online form or by giving us a call at 603-934-9837.