Read N.H. Rev. Stat. Ann. § 651-F:5 when the issue is 651-F:5 Intelligence Functions of the Center. The statute says: “I. Each participating agency, as a condition of access to the center, shall comply with the requirements of this chapter governing the collection, analysis, evaluation, maintenance, sharing, and expunging of information and data included as part of the inter-jurisdictional…”
Appellate readings
Greg DuPont v. Nashua Police Department Gregory DuPont v. Peter McDonough & a., 167 N.H. 429 (2015) is worth reading in full. The opinion puts it this way: “Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides…”
David J. Lovejoy v. James Daniel Linehan & A., 161 N.H. 483 (2011) is worth reading in full. The opinion puts it this way: “Layton City, 45 F.3d 369, 372 (10th Cir. 1995) (noting that “an expungement order does not privatize criminal activity.”
A practical sequence
- Open N.H. Rev. Stat. Ann. § 651-F:5 and read the part on 651-F:5 Intelligence Functions of the Center. Everything else in the filing has to fit that section.
- Ask the clerk which local form that New Hampshire county uses, then check the form against N.H. Rev. Stat. Ann. § 651-F:5.
- Then read Greg DuPont v. Nashua Police Department Gregory DuPont v. Peter McDonough & a., 167 N.H. 429 (2015). That is a New Hampshire court already applying this kind of request.
Frequently asked questions
How do you expunge a criminal record in New Hampshire?
N.H. Rev. Stat. Ann. § 651-F:5 deals with 651-F:5 Intelligence Functions of the Center. The statute says: “I. Each participating agency, as a condition of access to the center, shall comply with the requirements of this chapter governing the collection, analysis, evaluation, maintenance, sharing, and expunging of information and data included as part of the inter-jurisdictional…”
How have New Hampshire courts ruled on expungement?
Greg DuPont v. Nashua Police Department Gregory DuPont v. Peter McDonough & a., 167 N.H. 429 (2015) “Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides…”
Read N.H. Rev. Stat. Ann. § 651-F:5 in full before you file. A quotation on this page is a starting point, not the whole section.