Is it possible to to get an annullment for special circumstances? | New Hampshire | Expungement Forums :: Free Criminal Record Clearing and Expungement Information

Is it possible to to get an annullment for special circumstances?

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May 18, 2011

rggentzel

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I'm not sure if i would really qualify as a special circumstance, but when the only thing keeping me from gaining employment in any of the fields I am qualified and physically capable of doing is my record it seems it would be counter-productive to keep the offense on my record.

If the point of conviction and carrying out a sentence is to rehabilitate an individual then not allowing them to annul their record when it is the one thing preventing them from becoming a full functioning member of society would be counter-productive.

Anyway my issue. I plead guilty to Misdemeanor Identity Fraud on January 15, 2009. I received a sentence of 1 year in jail that was deffered for 2 years and required me to be on probation and complete 100 hours of community service as well as pay restitution.

On March 30, 2010 I had a deffered sentence hearing by which time I had finished all community sevice and paid off all restitution and was paid to date with the DOC for probation fees. At the hearing they had terminated my probabation.

With everything I have read I am not sure when i am "officially" eligible to annull my record. Since March 2010 I have completed the Red Cross LNA trainging program and received my LNA from the State of NH Board of Nursing which required a smartscan fingerprinting background check and again even with the record the State issued me a license to practice. However, my problem is with obtaining employment. No one will hire me because of my record, but have said that if and when I can remove it from record I can have a job. This being my minimal qualification for special circumstance.

I have a desire to do good and get my life back on track and be an upstanding member of society, but can't because of my record.

What can i do? When can i do it? And what will it cost?

I do not want to continue being a burden on society by continuing to receive state aide, but I also can not find a job.

May 26, 2011

llw2m

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rggentzel,

First, congratulations receiving your LNA!

In the State of NH, you must wait three (3) years from the date that your sentence ends before petitioning the sentencing court for a record annulment. So, in your case, based on the facts you have supplied, it is either one of two dates; 1) January 15, 2014, three (3) years from the date that your deferred sentence ends, or, 2) March 30, 2013, three (3) years from the date of your deferred sentence hearing.

I apologize for not being able to be more exact on the date, however, from the facts you provided I am unsure if at the deferred sentence hearing your deferred sentence was terminated along with your probation?

Remember, when it is time for an annulment, the record annulment process in New Hampshire can be complex and confusing. It requires collecting evidence, filing paperwork with the court and the house of corrections, and often arguing for expungement in front of a judge and against the arguments of the district attorney. If you have more than one conviction, the process can become even more involved. FURTHER, IF YOUR PETITION IS DENIED, YOU MUST WAIT THREE (3) FULL YEARS BEFORE YOU CAN APPLY AGAIN. I strongly recommend using a qualified attorney to aid you in this process. The Law Offices Of Teale And Associates in Manchester, NH are very seasoned in this area, and have been a great help to many. Their contact # is 888-255-3016.