(a)General. As provided by law, a defendant who has been convicted of a crime capable of being annulled may apply to the court in which the defendant was convicted to annul the conviction. The same procedure may be followed to annul a record of arrest when a charge has been nol prossed, dismissed, the defendant was not prosecuted or has been found not guilty. It is within the discretion of the court to grant a petition for annulment. The record of an annulled conviction or arrest shall be sealed to the extent provided by RSA 651:5. (b)Application. The application shall identify: the defendant; the offense charged; the sentence imposed; and the docket number of the case. Each application shall specify in detail the facts upon which the applicant relies in requesting the annulment. The application shall be signed and sworn to by the defendant. A filing fee shall be assessed which may be waived by the court when, upon review of an executed affidavit of assets and liabilities, the court determines that the applicant is indigent or has been found not guilty, or the case was dismissed or not prosecuted. (c)Notice. The clerk shall, within 7 days, issue an order of notice directed to the appropriate parties. The parties, within 30 days of the notice date, are permitted to respond with their position. The Clerk shall send a copy of the application to the Department of Corrections for preparation of a report as required by statute. (d) Hearing. The court may grant or deny an annulment without a hearing. The court shall hold a hearing on the petition to annul if requested by the petitioner. The court may hold a hearing if requested by the state. Any petition for annulment which does not meet the requirements as set forth by statute shall be dismissed without a hearing but without prejudice to the defendant's right to re-apply as permitted by law. (e)Order of Annulment. Upon issuance of an order of annulment in superior court, in a case that originated in circuit court-district division, the clerk of the superior court shall transmit a copy of the order of annulment to the circuit court-district division. The circuit court-district division, upon receipt of the order, shall annul the record of the charge or charges which were the subject of the superior court order of annulment. Adopted effective 1/1/2016 in Strafford and Cheshire counties and 7/1/2016 in Belknap County.