Dover, NH asked in Criminal Law for New Hampshire

Q: Can a person with offenses of NH RSA 632-A:3, III have their status reduced after 20 years

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1 Lawyer Answer
Leonard D. Harden
Leonard D. Harden
  • Criminal Law Lawyer
  • Lebanon, NH
  • Licensed in New Hampshire

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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