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In 2006 I was convicted of a "misdemeanor A" and on 2007, after serving my probation, my probation was terminated and now the case is marked "closed". Would this mean that this case is now "dismissed" or "sealed"? The reason I ask is because when I apply for a job, it usually asks you if you have ever been convicted of a felony, crime, misdemeanor, etc. and I am confused if I should state on there that I was convicted of a misdemeanor since it says answer "NO" if your case was dismissed, sealed, etc. Do I qualify to answer "NO" to this question without violating anything or do I need to disclose this information since it will probably show up on criminal background check?
Submitted: 380 days and 14 hours ago.
Category: Criminal Law
Value: $15
Status: AWAITING CUSTOMER ACTION
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380 days and 14 hours ago.
Reply
New Hampshire
Already Tried:
none.
Posted by
Prosecutor
380 days and 13 hours ago.
Answer
<p>Hello.</p><p> </p><p>You do not qualify to answer "no" because you have been convicted. The fact that your case is closed means it is no longer active or open in the court system, because the matter has been settled and the probation is complete. The conviction still stands even though the case itself is not active, and it will come up in a check of your criminal record.</p><p> </p><p>If that is the only conviction on your record, you may be eligible for an annulment of the charge. An annulment would remove the conviction from your record. You should contact the clerk's office in the court you were convicted in to obtain an application.</p><p> </p><p>Good luck.</p>
380 days and 12 hours ago.
Reply
Thank you for your help. One more question...
I believe 3 years is required before I can apply for an annulment -- would that be 3 years from the time of my conviction?
Answer
It means three years from the time you completed all "terms and conditions of the sentence."
Here's a link to the statute in case you have any other questions or need to use it in the future. <br /><a href="
http://www.gencourt.state.nh.us/rsa/html/LXII/651/651-5.htm
" target="_blank">
http://www.gencourt.state.nh.us/rsa/html/LXII/651/651-5.htm
</a>
Edited by Prosecutor on 11/7/2008 at 7:53 PM
Expert:
Prosecutor
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Answered:
11/7/2008
Criminal Justice Lawyer
4 years as a prosecutor, 1 year as a judicial law clerk
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