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Time Period for Annulment

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D

dsgfgbfdr

Guest
What is the name of your state? New Hampshire

I was convicted of two felonies Class B back in July 2nd of 1997.
Drug Offenses

From my research it shows that the time to wait is 5 years from what RSA 651:5 says.
http://www.gencourt.state.nh.us/rsa/html/LXII/651/651-5.htm


I called the magistrate at the court where I was convicted in regards to when I can petition for annulment. He said I have to wait til July 2nd 2006. Now my punishment was 6 months on a house arrest situation and got off 4 months later. I got out in November of 1997. There was a part to my conviction that said something about suspended 4 years??? Now the magistrate is interpreting it as me having to wait 4 years for the suspended part and then 5 years for the class B felony.

Under rule III of RSA 651:5 it says .. all the terms and conditions of the sentence should be completed. This rule is where he is interpreting the time from.

My thoughts are that I should of started the 5 year period for the class B felony after the 4 months from July 2nd, 1997. What point is there to starting the 5 years after a suspended 4 years when my true sentence was 6 months - 4 months good time served?

Please help!

I am currently working in a YDC facility and have been offered a job in Juvenile Probation but they require that I annul my felonies first. 2.5 years is jsut too long of a wait.

TIA

Thank you for your advice
 


Son of Slam

Senior Member
dsgfgbfdr said:
What is the name of your state? New Hampshire

I was convicted of two felonies Class B back in July 2nd of 1997.
Drug Offenses

From my research it shows that the time to wait is 5 years from what RSA 651:5 says.
http://www.gencourt.state.nh.us/rsa/html/LXII/651/651-5.htm


I called the magistrate at the court where I was convicted in regards to when I can petition for annulment. He said I have to wait til July 2nd 2006. Now my punishment was 6 months on a house arrest situation and got off 4 months later. I got out in November of 1997. There was a part to my conviction that said something about suspended 4 years??? Now the magistrate is interpreting it as me having to wait 4 years for the suspended part and then 5 years for the class B felony.

Under rule III of RSA 651:5 it says .. all the terms and conditions of the sentence should be completed. This rule is where he is interpreting the time from.

My thoughts are that I should of started the 5 year period for the class B felony after the 4 months from July 2nd, 1997. What point is there to starting the 5 years after a suspended 4 years when my true sentence was 6 months - 4 months good time served?

Please help!

I am currently working in a YDC facility and have been offered a job in Juvenile Probation but they require that I annul my felonies first. 2.5 years is jsut too long of a wait.

TIA

Thank you for your advice

It is not consistent with public welfare that a 4 year suspended sentence be satisfied with 4 months of house arrest. Petition for annulment denied until 2006. Simple as that.
 

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