This bill introduces a new section to the Criminal Code, specifically RSA 651, which mandates the annulment of misdemeanor or violation-level offenses for possession of cannabis that occurred prior to January 1, 2025, upon petition by the convicted individual. The Department of Safety and the courts are responsible for processing these annulments. Individuals who believe they qualify for annulment can request an examination of their records by the Department of Safety. If the Department fails to annul a qualified record, individuals can petition the court for further review without incurring any fees. Notably, annulments will be granted regardless of any outstanding court-related financial obligations, although they will not be processed until any incarceration or probation sentences have been completed.
Additionally, the bill requires the Department of Safety to publish an annual report starting January 16, 2026, detailing the number of records annulled under this provision. The fiscal impact of the bill is considered indeterminable, as it may require significant resources for the Department of Safety, including staff time for investigations and potential IT costs for automating the annulment process. The Judicial Branch anticipates an increase in court filings due to the expected rise in petitioners seeking annulments, which may necessitate adjustments to manage the associated costs effectively.
Statutes affected: Introduced: 651:5-b