In these economically challenging times, many people have found themselves unemployed and struggling to find new work. Employers are still wary and not in a big hurry to increase their work forces. If you are one of the many unemployed workers looking for a new job, you know it is a competitive job market. One aspect of keeping yourself above the competition is to bolster your resume or job application by clearing your record of an arrest or conviction.
It is common for employers to have a space on their job applications which requires you to disclose certain prior criminal arrests or convictions. Because many employers also do criminal background checks on prospective employees, you will not be able to “hide” from such a criminal record. Under New Hampshire law, any employment application may question you about a criminal record in terms of “Have you ever been arrested for or convicted of a crime that has not been annulled by a court?” (emphasis added).
This means you should try to have an arrest or conviction annulled because you may not have to disclose it on a job application. If annulled, it is treated as if you had never been arrested or convicted. New Hampshire law permits you to petition the court in which you were convicted for an annulment of the criminal conviction, provided that the court finds that it will “assist in [your] rehabilitation and be consistent with the public welfare.” Different levels of criminal convictions have different minimum time periods that must pass without further criminal convictions on your record.
For non-motor vehicle related violations, the minimum time is one year. For misdemeanors (except certain sex crimes), the minimum is 3 years. For class B felonies, it is 5 years, and for class A felonies and certain minor sex-related crimes, it is 10 years. Crimes involving violence, obstruction of justice, and aggravating circumstances which lead to an extended sentence, are not eligible for annulment.
An attorney experienced in seeking arrest or criminal conviction annulments can assist you in filing the proper documents with the court. The attorney will file the necessary paperwork and appear with you before the court if necessary. Getting your record annulled is important and can have a significant impact on your life so you should contact a law firm with experience in annulment law.