What is DUI expungement, and is it possible in New Hampshire?
DUI expungement is the process of legally removing a DUI conviction from a person’s criminal record. This allows the person to answer “no” on job applications and other forms when asked if they have been convicted of a crime. In New Hampshire, DUI convictions can be expunged if certain requirements are met. These requirements include completion of all terms of sentencing, at least seven years since the completion of sentencing, and no other criminal record in the last five years.
What are the eligibility criteria for DUI expungement in New Hampshire?
In order to be eligible for DUI expungement in New Hampshire, the person must meet the following criteria:
1. The DUI conviction must be at least ten years old.
2. The person must have no other criminal convictions, other than minor traffic violations, during the ten-year period.
3. The person must not have any pending charges at the time of filing for the expungement.
4. The person must have successfully completed any sentence that was imposed as a result of the DUI conviction, including payment of all fines, probation, etc.
5. The person must not have had any subsequent DUI offenses or arrests in the ten years preceding the filing for expungement.
Is there a waiting period before someone can apply for DUI expungement in New Hampshire?
Yes, there is a waiting period before someone can apply for DUI expungement in New Hampshire. The waiting period is 10 years from the date of conviction or completion of the sentence imposed for the offense.
What types of DUI convictions may be eligible for expungement in New Hampshire?
In New Hampshire, some types of DUI convictions may be eligible for expungement. Eligible DUI convictions include first-offense DUI misdemeanors, if the offender is free from any other criminal convictions or pending criminal charges for at least seven years prior to filing the petition; or second-offense misdemeanors, if the offender is free from any other criminal convictions or pending criminal charges for at least ten years prior to filing the petition.
Are there specific conditions or rehabilitation programs required for expungement eligibility in New Hampshire?
Yes. To be eligible for expungement in New Hampshire, an individual must not have any pending criminal charges or any convictions of a felony that occurred within the past 10 years. Additionally, the individual must have fully satisfied all requirements of any sentence and have successfully completed any probation or parole period. Certain rehabilitation programs may also be required, depending on the nature of the offense.
How does someone initiate the DUI expungement process in New Hampshire?
In New Hampshire, an individual can begin the DUI expungement process by filing a petition in the court of the county in which the DUI conviction occurred. The individual must provide information such as the date of conviction, court docket number, and any other relevant information required by the court. The individual should also provide a sworn affidavit that explains why they are requesting the expungement. The court will then review the petition and determine whether to grant or deny the request. If granted, the court will order that the DUI conviction be expunged from the individual’s criminal record.
What documentation or evidence is needed when applying for expungement in New Hampshire?
When applying for expungement in New Hampshire, you will need to provide the following documentation and evidence:
1. A completed Expungement Application form;
2. A copy of your criminal record with the Clerk of Court where the charges were filed;
3. A signed affidavit from the defendant affirming that they are eligible for expungement;
4. Any documents demonstrating that you have met any conditions imposed by the court as part of your sentence;
5. Documentation that restitution has been paid, if applicable;
6. Written support from the prosecutor or sentencing judge, if applicable;
7. Written letters of support from character witnesses, if applicable;
8. Any other relevant documentation or evidence that may be helpful in your expungement request.
Are there fees associated with filing for DUI expungement in New Hampshire?
Yes, there are fees associated with filing for DUI expungement in New Hampshire. The filing fee is $100.00.
Can individuals with multiple DUI convictions apply for expungement in New Hampshire?
No, individuals with multiple DUI convictions in New Hampshire are not eligible for expungement. The New Hampshire Expungement Statute contains an exhaustive list of criminal offenses which can be expunged. Driving Under the Influence (DUI) is not included in this list.
Does expungement result in the complete removal of the DUI record, or is it sealed in New Hampshire?
In New Hampshire, expungement does not result in the complete removal of a DUI record. Instead, the DUI record is sealed. This means that it is no longer available to the public, but the court and certain government agencies may still have access to the record.
How do employers, landlords, and background check companies view expunged DUI records in New Hampshire?
In New Hampshire, expunged DUI records are not available to employers, landlords, or background check companies. Expungement removes a DUI record from the public view, so employers, landlords, and background check companies will not be able to see the record.
Is there a difference between expungement and setting aside a DUI conviction in New Hampshire?
Yes, there is a difference between expungement and setting aside a DUI conviction in New Hampshire. Expungement is a legal process in which a person’s criminal record is permanently erased, so that it is not visible to employers or government agencies. Setting aside a DUI conviction, on the other hand, is a process in which a judge agrees to set aside the conviction but does not erase it from the person’s record. The conviction will still be visible to employers and government agencies, but the person may now be able to apply for certain jobs or licenses that may have been denied due to the conviction.
Can expunged DUI records be used against an individual in future DUI cases in New Hampshire?
No, an expunged DUI record cannot be used against an individual in future DUI cases in New Hampshire. According to New Hampshire state laws, when a person successfully applies to have their DUI record expunged, that record is sealed and cannot be accessed or used for any purpose.
Do expunged DUI records affect professional licensing or certifications in New Hampshire?
In New Hampshire, expunged DUI records do not affect professional licenses or certifications, as long as the DUI conviction was expunged from the record. However, if the offense was not expunged, it could affect professional licensing or certifications.
Are there any restrictions on firearm ownership after DUI expungement in New Hampshire?
No, there are no restrictions on firearm ownership after DUI expungement in New Hampshire. However, a person’s criminal record may still be taken into account when deciding whether they are eligible to purchase a firearm, so it is important to check with the relevant authorities before attempting to purchase a firearm.
Is there a waiting period for expungement to take effect after approval in New Hampshire?
Yes, in New Hampshire there is a waiting period of 30 days after approval before an expungement can take effect.
What role does the court or prosecutor play in the DUI expungement process in New Hampshire?
The court and prosecutor play an important role in the DUI expungement process in New Hampshire. The court must review the request for expungement and then make a determination as to whether or not the individual is eligible for expungement. The prosecutor must then provide a written opinion on whether or not expungement should be granted. This opinion carries a lot of weight in the court’s decision. Ultimately, it is up to the judge to decide whether or not to grant the request for expungement.
Are there resources or organizations that provide guidance on DUI expungement in New Hampshire?
Yes, there are resources and organizations that provide guidance on DUI expungement in New Hampshire. The New Hampshire Department of Justice provides a web page outlining the process for clearing criminal records that includes information about DUI expungement. The New Hampshire Public Defender office provides legal advice and services to individuals who have been charged with a DUI or DWI in New Hampshire. The Legal Advice and Referral Center provides free legal advice and assistance to low-income individuals in New Hampshire, including assistance with expungement. Additionally, the NH Bar Association’s Lawyer Referral Service matches individuals with lawyers who may be able to provide assistance with expungement.
What is the timeline for completing the DUI expungement process in New Hampshire?
The timeline for completing a DUI expungement process in New Hampshire will depend on the court where you are filing the petition, as well as the severity of your offense. Generally, a successful petition will take anywhere from 3-6 months to complete. After you submit your petition, the court will review it and if approved, you may be required to attend a hearing. Following the hearing, the court will issue a final order which will formally expunge your record. After all steps are completed, your record should be expunged within a few weeks.
How does DUI expungement impact immigration status, if applicable in New Hampshire?
In New Hampshire, a DUI expungement does not have any direct impact on a person’s immigration status. However, there may be a secondary or indirect effect if the DUI expungement results in the removal of a criminal conviction from a person’s record. Depending on the type of visa the person holds, having a clean criminal record may be necessary for the person to remain compliant with immigration laws. Therefore, if a DUI expungement results in the removal of a criminal conviction and is necessary for someone to remain compliant with immigration laws, it could lead to an indirect impact on their immigration status.