The fact that you were arrested, convicted and sentenced may be annulled in certain cases. The sentencing court will tend to grant the annulment if the annulment will assist with rehabilitation and is otherwise consistent with the public welfare.
CAN I EVEN GET THIS ANNULLED?
Unfortunately, if you were convicted of any of the following you are not eligible for an annulment:
WHEN CAN I FILE A PETITION TO ANNUL
You may file a petition to annul after you complete all the terms of your sentence and have no further convictions for the following time periods:
- Arrest that resulted in Not Guilty finding, a dismissal or nolle prosequi – any time
- Violation – 1 year (unless a motor vehicle offense listed in the Habitual Offender statute)
- Class A Misdemeanor – 3 years
- Class B Misdemeanor – 2 years
- Class A Felony – 10 years
- Misdemeanor Sexual Assault – 10 years
- Felony Indecent Exposure – 10 years
- Felony drug conviction – 7 years
- DWI – 10 years
WHEN CAN I GET FILE A PETITION TO ANNUL TO CLEAN UP MY MOTOR-VEHICLE RECORD?
Certain motor vehicle offenses covered by the Habitual Offender law have a waiting period longer than one year. The following are the list of driving offenses covered by the Habitual Offender law that require a waiting period of at least 7 years after the conviction date:
- False statements;
- Forged title;
- Taking without owner’s consent;
- Driving After Suspension;
- Reckless Driving;
- Conduct After an Accident;
- Passing a School Bus;
- Negligent Driving;
- Improper Passing;
- Driving without a License;
HOW MUCH ARE THE FILING FEES?
- The Court filing fee is $125. The fee can cover multiple petitions in one court if the petitions are filed at the same time;
- The Department of Correction will charge $100 to complete an investigation into your application for annulment. The DOC will send you a bill directly for $100.
- The Department of Safety/State Police fee is $100 to research and correct your criminal record after the Petition to Annul is granted. The fee is paid directly to the Department of Correction.
WILL I NEED TO GO TO COURT?
It depends. You may need to appear in court with your attorney if the prosecutor disagrees with your petition to annul or the Department of Correction disagrees with your request after completing its investigation into your background. The Judge has the discretion to decide whether to remove your record based on the information presented to the court.
WHAT ABOUT MY GUN RIGHTS AFTER ANNULMENT?
Once your felony is annulled you are clear to own a gun under state and federal law.
WHAT DO I DO NOW?
Call our office and schedule a time to come in. We will sit down with you and go over your criminal record and the annulment statute to see if you qualify for an annulment.
Our telephone number is: 603-595-5525