The NHJB 2317 DS form is a legal document used in New Hampshire to petition the court for the annulment of a record of arrest, charge, or conviction. This form allows individuals to seek a fresh start by erasing certain criminal records, provided they meet specific criteria outlined in state law. If you are considering this option, take the first step by filling out the form below.
The NHJB 2317 DS form serves as a crucial tool for individuals seeking to have their criminal records annulled in the state of New Hampshire. This petition allows a person, referred to as the Petitioner, to formally request that the court erase any record of arrest, charge, or, if applicable, conviction and sentence related to specific offenses. Completing this form requires detailed information, including the Petitioner’s name, date of birth, and contact details, along with specifics about the offense, such as the case number and RSA violated. Each offense necessitates a separate form, emphasizing the importance of accuracy and thoroughness in the application process. The form also includes statements that the Petitioner must initial, confirming their eligibility for annulment based on criteria like the completion of their sentence and the absence of subsequent convictions. Additionally, the court evaluates whether granting the annulment aligns with public welfare and supports the Petitioner’s rehabilitation. Ultimately, this form is not just a bureaucratic requirement; it represents a significant step toward a fresh start for those who have faced legal challenges in the past.
THE STATE OF NEW HAMPSHIRE
JUDICIAL BRANCH
http://www.courts.state.nh.us
Court Name:
Case Name:
Case Number:
(if known)
PETITION TO ANNUL RECORD
The Petitioner requests an order of the Court to annul the record of arrest and charge, and if applicable, conviction and sentence in the following matter in accordance with RSA 651:5.
PLEASE COMPLETE A SEPARATE FORM FOR EACH OFFENSE
Name of Petitioner (Last)
(First)
(Middle)
Date of Birth
Address (Street)
City/Town
State
Zip
Social Security Number
Telephone Number
Case Number
Charge ID Number
Offense
RSA Violated
Date of Offense
Date of Conviction/Other
Date Sentence Completed
Disposition
Description of Sentence or other Disposition
The Petitioner states as follows: (Petitioner must initial all paragraphs which apply.)
Petitioner was not convicted of the above offense, and seeks only annulment of any record of arrest or charge.
Petitioner has completed all the terms and conditions of the sentence for the above offense.
Petitioner has completed all of the terms and conditions of the sentence for the above offense. Petitioner has not been convicted of another crime, except a motor vehicle violation (excluding Driving While Intoxicated) for a period of time as follows:
For a violation, one year.
For a class A or B misdemeanor (except sexual assault), 3 years.
For a class B felony (except felony indecent exposure or lewdness), 5 years.
For a class A felony, 10 years.
For sexual assault under RSA 632-A:4, 10 years.
For felony indecent exposure or lewdness under RSA 645:1, II, 10 years.
NHJB-2317-DS (08/28/2012)
Page 1 of 3
The Petitioner has not been convicted of any violent crime, of any crime of obstruction of justice, or of any offense for which an extended term of imprisonment under RSA 651:6 was imposed.
The time requirements for annulment under RSA 651:5, III have been met for any and all crimes for which the Petitioner has been convicted.
The Petitioner was convicted of a misdemeanor prior to January 1, 1995 and is exercising the option to apply for annulment under the laws in effect at the time of sentencing. A Petition to Annul in conformance with the prior law is attached.
The Petitioner believes an order granting annulment will assist in petitioner’s rehabilitation and is consistent with the public welfare.
Date
Signature of Petitioner
Signature of Counsel
Name
Address
State of
, County of
This instrument was acknowledged before me on
by
My Commission Expires
Affix Seal, if any
Signature of Notarial Officer / Title
Page 2 of 3
FOR COURT USE ONLY:
ON THE PETITION TO ANNUL RECORD OF ARREST OR CONVICTION AND SENTENCE
The Court having found that notice of the forgoing petition was given in accordance with law, and having reviewed the investigative report of the Department of Corrections made in accordance with statute, finds that annulment of the applicant’s record will assist in the applicant’s rehabilitation and will be consistent with the public welfare and the requirements of law,
IT IS THEREFORE ORDERED AND CERTIFIED
That the record of the charge and disposition of dismissal, acquittal or nolle prosequi in the above referenced matter, together with any record of arrest or charge therein, is hereby annulled. The applicant has shown that issuance of this order is warranted under the statute. The clerk shall issue an appropriate Certificate of Annulment.
That the record of conviction and sentence in the above entitled case, together with any record of arrest or charge therein, is hereby annulled. The clerk shall issue an appropriate Certificate of Annulment.
The Court DENIES the applicant’s petition for the following reason(s):
Justice
FOR DISTRICT DIVISION USE ONLY
On
, petition and notification of pending petition for annulment sent to:
AG/County Atty., Arresting Agency, State Police Records.
Other
Page 3 of 3
What is the NHJB 2317 DS form used for?
The NHJB 2317 DS form is a legal document utilized in New Hampshire to petition the court for the annulment of an arrest record, charge, and, if applicable, conviction and sentence. This process is governed by New Hampshire Revised Statutes Annotated (RSA) 651:5. Essentially, individuals seeking to clear their criminal records can use this form to request that the court remove any public record associated with their arrest or conviction, which can aid in their rehabilitation and reintegration into society.
Who is eligible to file a petition using the NHJB 2317 DS form?
Eligibility to file this petition generally depends on several factors. The petitioner must not have been convicted of the offense for which they seek annulment, or they must have completed all terms of their sentence if convicted. Additionally, specific timeframes must be adhered to, such as not having any further convictions for a designated period, which varies based on the severity of the offense. For example, a class A felony requires a waiting period of ten years. It’s important to note that certain violent crimes or crimes involving obstruction of justice may disqualify an individual from eligibility.
How does one complete the NHJB 2317 DS form?
Completing the NHJB 2317 DS form involves providing detailed personal information, such as the petitioner's name, date of birth, address, and Social Security number. The form requires the petitioner to specify the case number and details regarding the charge or conviction they wish to annul. It is crucial that the petitioner initials all applicable paragraphs on the form to affirm their statements regarding their eligibility. Each offense requires a separate form to be submitted. Careful attention to detail ensures that the petition is processed smoothly.
What happens after the NHJB 2317 DS form is submitted?
Once the NHJB 2317 DS form is submitted, the court will review the petition. The petitioner will receive notification if any additional information is needed. The court will then assess whether the annulment aligns with public welfare and the petitioner’s rehabilitation. If the petition is granted, the court will issue an order annulling the record, and the clerk will provide a Certificate of Annulment. Conversely, if the petition is denied, the court will outline the reasons for this decision.
Is there a fee associated with filing the NHJB 2317 DS form?
There may be a filing fee associated with submitting the NHJB 2317 DS form. Fees can vary by court and case type, so it is advisable to check with the local court or its website for specific information regarding any costs. Additionally, individuals may inquire about fee waivers if they demonstrate financial hardship. Being informed about potential fees can help in planning for the annulment process effectively.
Misconceptions about the NHJB 2317 DS form can lead to confusion regarding its purpose and usage. Here are nine common misconceptions along with clarifications:
This form can also be used by individuals who have been arrested but not convicted. It allows for the annulment of records related to arrests or charges.
While annulment removes the record from public view, some agencies may still retain information for specific legal purposes.
A separate form must be completed for each offense for which you are seeking annulment. This ensures clarity and accuracy in processing.
The process can take time and often requires supporting documents, such as proof of completion of sentence terms.
There are specific time requirements and eligibility criteria outlined in RSA 651:5 that must be met for a successful annulment.
While individuals can file the form themselves, consulting with a lawyer can provide valuable guidance and improve the chances of a successful annulment.
Annulment may not prevent all background checks from revealing past offenses, especially if the checks are conducted by certain employers or agencies.
There are waiting periods that vary depending on the type of offense. It's important to understand these timelines before applying.
The court reviews each petition carefully, and annulment is not guaranteed. The decision is based on the merits of the case and adherence to legal requirements.
The NHJB 2317 DS form is a petition to annul a criminal record in New Hampshire. Several other documents serve similar purposes in different contexts. Here are five documents that share similarities with the NHJB 2317 DS form:
Horse Bill of Sale: When transferring ownership of a horse, you can use the comprehensive Horse Bill of Sale document to ensure all necessary details are clearly defined and legally recognized.
Revocable Trust Nh - This document is a critical component of estate probate proceedings in New Hampshire.
A Lease Agreement form is a legally binding document between a landlord and a tenant that outlines the terms and conditions of renting property. This agreement specifies the duration of the rental, monthly rent, and obligations of both parties. For more information on this important document, you can visit TopTemplates.info. It serves as a cornerstone for establishing a clear understanding and ensuring the protection of both the landlord's and tenant's rights.
Nheasy - Understanding the details of this form is key for anyone involved in the care of elderly or disabled individuals.