Q: Can a person with offenses of NH RSA 632-A:3, III have their status reduced after 20 years
A:
A conviction for felonious sexual assault may not be annulled, per RSA 651:5.
If you are looking to amend your status from a Tier II or lifetime offender and were convicted prior to the establishment of the sex offender registry then RSA 651-B:6 would control.
The steps to follow to file a petition:
Jurisdiction – A petition shall be filed in the county of the most recent conviction that required
registration. If the petitioner is registering as a result of an out-of state or federal conviction, the petition
shall be filed in the county where the petitioner resides.
Required information – The petition shall include:
Petitioner’s name, date of birth and current address
Law enforcement agency with whom the petitioner is currently registered:
Information about the conviction(s) that require the petitioner to register, including
o Nature of the offense
o Charge(s)
o Date of conviction
o Sentence imposed
o Court and state of conviction
A certified copy of the petitioner’s criminal history
A risk assessment prepared by a qualified psychiatrist or psychologist at the
petitioner’s expense, and indicate that the petitioner
o Is not a danger to the public, AND
o No longer poses a risk sufficient to justify continued registration.
Filing fee – the petition is a civil action, and shall be accompanied by the civil filing fee.
You should consult a defense lawyer to make sure you are eligible for the reduction.
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