In 2019, Governor Chris Sununu signed a law that will help streamline the process of annulment of convictions for marijuana from an individual’s record. This process, which goes into effect January 1st, 2020, will allow many individuals to clean up their records of non-violent crimes.
Minimum requirements
There are some minimum requirements you must meet before submitting an application for annulment. These requirements are:
- The original conviction must be for ¾ of an ounce of marijuana or less. The law specifically states anyone accused or convicted of “knowingly or purposely obtaining, purchasing, transporting, or possessing, actually or constructively, or having under his or her control, three-quarters of an ounce of marijuana or less” will qualify
- You may want to check the Annulment Checklist on the NH court website
- Expect to pay $350. If you are impoverished, expect to prove your situation multiple times to get fees waived.
- Your offense occurred prior to Sept. 16th, 2017, when marijuana was decriminalized in NH
How to Annul
First, you will want to visit the state judicial system website. Simply visit: https://www.courts.state.nh.us/
There, you will find the petition, otherwise known as an application. The annulment form can be found on their annulment form page, here: https://www.courts.state.nh.us/district/annulments.htm
You will want form 2317-DSe Petition to Annul Record.
How to obtain your case information
You may need your original criminal history record, which will cost $25. You can visit the criminal records site to view ways you can obtain your charge information.
To obtain criminal history record information you may:
- Apply in person with a primary identification (a current, valid and unexpired picture I.D.- i.e. driver’s license or passport) at 33 Hazen Drive, Concord, Room 106A
- Mail in an application notarized by either a Notary Public or Justice of the Peace
You should download, print, and fill out the criminal history record information release authorization form.
How much does it cost?
Expect to pay $325 total for your petition. $125 will be recorded as an initial “filing fee”, $100 to the Department of Corrections (DOC), and $100 to the Department of Safety. Those fees can be waived if you can demonstrate that you are in poverty or not able to pay those fees. If you make this request, it must be made to the agency that is requesting the fee, so if you are impoverished, expect to ask three times for fees to be waived.
How long does it take?
Once submitted, the prosecutor has ten days to object. In this particular matter, a prosecutor may only object if he or she believes that the amount of marijuana was greater than ¾ of an ounce. If no objection is raised, the judge shall grant an annulment.
Do I have to show up to court?
You will not be expected to show up to court unless the prosecutor objects to it. If you do end up in court, the burden of proof to provide evidence that you had more than ¾ of an ounce of marijuana will be on the prosecution.
Additional information may be available on the web. We will update this post as more information comes to us or is available.
