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Circuit Court District Division Rules Table of Contents

RULES OF THE CIRCUIT COURT OF THE STATE OF NEW HAMPSHIRE -- DISTRICT DIVISION

CRIMINAL RULES

Rule 2.18. Application to annul record of conviction and sentence.

    
    A. Each such application shall specify in detail the facts relied on for the granting of the application, and shall be signed and sworn to by the applicant.

    B. The application shall bear the same name and number as the case in which the original sentence was entered and shall be filed therein.

    C. The Clerk shall, within 7 days after filing of the application, issue a copy thereof, as notification, to the County Attorney for the county where the application is filed, and to the arresting law enforcement agency. The Clerk shall charge the applicant the required fee for the entry; provided, however, that he shall waive such fee if there is filed with the application a proper affidavit proving the indigency of the person previously sentenced. The Clerk shall send a copy of the application to the Probation Department, together with a request for the report that the statute requires from the Probation Officer.

    D. The County Attorney and/or arresting law enforcement agency shall, within 30 days of the notice date, file a statement as to their position with reference to the application, specifying their reasons, and stating whether or not they wish to be heard.

    E. A hearing shall be scheduled on each such application at which the person previously sentenced, and if he is not the applicant, the applicant, must appear; provided, however, that the Court shall have the right to waive the presence of the applicant and/or the person previously sentenced, and grant the application without a hearing if there is no opposition.

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Circuit Court District Division Rules Table of Contents