Manchester, NH asked in Criminal Law, Domestic Violence, Municipal Law and Probate for New Hampshire

Q: Good behaviour

Good afternoon, i was put on good behaviour for a violation on January 7th, 2019 and it ended on January 7th, 2020. I got arrested OUT OF STATE for an unfortunate violent crime on August 2019. It says i can annulle the violation after the period. Is that possible it will get annulled or will I need legal assistance? I need to know. I want to get it annulled. I'm not convicted

2 Lawyer Answers
Andrew S. Winters
Andrew S. Winters
PREMIUM
Answered
  • Criminal Law Lawyer
  • Concord, NH
  • Licensed in New Hampshire

A: I think I understand your question to mean you were convicted in New Hampshire for a violation on 1/7/19 with a one year good behavior period. You want to get that conviction annulled but in August of 2019 you were arrested for a different charge in New York. I assume that charge is still pending?

If your initial NH conviction was for a violation-level offense, you would have been eligible to petition to annul that charge one year after you finished serving your sentence (which was 1/7/20, after the one year good behavior period was completed). That would make you eligible on 1/7/21.

HOWEVER, any subsequent conviction will stop you from filing a petition to annul. If you have a charge pending, but have not been convicted, no judge in the State would grant a petition to annul until your NY charges are resolved. Sorry. If you resolve your NY charges without a conviction, then a petition to annul the NH charge might be considered, depending on the circumstances.

1 user found this answer helpful

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

A: You should contact a criminal defense lawyer. RSA 651:5 controls annulments and there are restrictions on some offences. There are also time requirements that must be met. The process is simple and many citizens can do it without an attorney. There is a provision in the law that if you file and it is denied then you have to wait for 3 years.

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