Section Saf-C 6705.01 - Procedure for Expungement of Offender Records(a) Pursuant to RSA 651-C:5 an offender may request expungement on the grounds that the criminal conviction on which the authority for including such person's DNA record was based has been reversed or dismissed.(b) All requests shall be submitted to: CODIS Administrator
Department of Safety
State Police Forensic Laboratory
33 Hazen Drive
Concord, NH 03305
(c) All requests for expungement pursuant to RSA 651-C:5, I shall be submitted in writing by the person or his or her legal representative and shall include a certified copy of the court order reversing or dismissing the conviction.(d) Upon receipt of the request, the CODIS administrator shall verify the validity of the court order.(e) A criminal records history shall be conducted of the person, in order to determine if any other qualifying offenses exist, as set forth in RSA 651-C:2, I.(f) If no other qualifying offenses exist, as set forth in RSA 651-C:2, I, all records and identifiable information in the DNA database pertaining to said offense, along with any biological samples provided by the person, shall be purged.(g) If other qualifying offenses exist, as set forth in RSA 651-C:2, I, all identifiable information in the DNA database pertaining to the offense, along with any biological samples provided by the person, shall remain in the DNA database and not be purged.(h) Pursuant to RSA 651-C:5, II, the DNA record of juvenile sexual offenders shall be maintained in the DNA database and shall not be automatically expunged from the DNA database upon the person reaching the age of adulthood.(i) Requests pursuant to (c) above shall be maintained on file with the division.N.H. Admin. Code § Saf-C 6705.01
#9889-A, eff 3-18-11 (from Saf-C 6704.01 )
Amended by Volume XXXIX Number 24, Filed June 13, 2019, Proposed by #12794, Effective 5/28/2019, Expires 5/28/2029.