I have questions regarding cleaning a criminal record via expungement?

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I have questions regarding cleaning a criminal record via expungement?

I was convicted of a felony 10 years ago and I’m trying to get it expunged from my record. I have yet to pay back the full restitution as it’s over $13,000. I’m currently in college and trying to get my record cleared so I can start my career. Is it possible to do that while still owing the restitution?

Asked on April 15, 2012 under Criminal Law, New Hampshire

Answers:

Richard Southard / Law Office of Richard Southard

Answered 8 years ago | Contributor

New York does not allow expungments except in rare drug treatments pleas, however, it sounds to me that as long as there is an outstanding amount of restitution that is left to be paid, you won't be able to apply for expungement in any state as your case is not even over yet.

Maury Beaulier / Minnesota Lawyers.com

Answered 8 years ago | Contributor

The question that has to be asked is why you are seeking the expungement and where your record is coming up.  

In the State of Minensota, expungements are only allowed by statute where there has been a determination in your favor. That means, ultimately, the charges must have been dismissed. If that occurred, you may erase any and all court or administrative records. 

There are also Judicial expungements.  Such an expungement is entirely up to the Judge as to whether it should be granted.    This is an important distinction since a Court cannot expunge anything but judicial records with a judicial expungement  unless there is an overiding basis that requires the expungement in the interests of justice.  The courts have ruled that seeking better  employment or promotions would not be a basis to expunge adminstrative records. 

Administrative agencies generally are the plces where background checks are performed. Criminal records are also maintained by Administrative Agencies such as the Bureau of Criminal Apprehension.  This is an executive agency.  As a result, the criminal records, if held by the BCA, would never be expunged in a Judicial expungment. 

Since you were convicted, a statutoryl expungement is not possible. 

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Every state has laws regarding expungement and New Hampshire is no different.  Owing restitution is a problem I believe but your being convicted of a felony may also stand in your way.  Also, were you a juvenile by any chance?  Those records have different rules.  If you do not qualify for expungement or sealing you my for a pardon.  I am going to copy the statutes here for you.  Look at them and then consult with an attorney that does this sort of stuff.  Good luck and Congratulations on setting things straight.

Description

 

Statute

 

Annulment (sealing) of criminal records

N.H. Rev. Stat. § 651:5

Expungement of DNA evidence

N.H. Rev. Stat. § 651-C:5

Sealing juvenile criminal records

N.H. Rev. Stat. § 169-B:35

Pardons

N.H. Const. Pt. 2, Art. 52 and N.H. Rev. Stat. § 4:21

Copying and inspecting criminal records

N.H. Rev. Stat. § 106-B:14


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