Legislators told to make sure crime victims get restitution before criminal cases are erased
Offenders in New Hampshire are eligible to have certain criminal convictions erased only after fully paying restitution to their victims, but a bill now before a House committee could allow for criminal records to be wiped clean before that financial obligation is met.
While Senate Bill 311 aims to streamline the annulment process by reducing the waiting period, expanding eligibility and eliminating fees, opponents say the proposed reform would remove the judicial branch’s ability to monitor and compel restitution payments once the case is sealed and leaves the public records system. Further, prosecutors say the bill could have a significant and direct effect on plea negotiations where an offender’s willingness to pay restitution is commonly weighed in favor of a less severe sentence.
“How can there be trust moving forward that person is going to pay?” Assistant Attorney General Sean Locke asked lawmakers during a House committee work session Tuesday. “The prosecutor will be far less inclined to reduce the amount of time a person is incarcerated for if the restitution is not enforceable.”
Criminal reform advocates, including the New Hampshire’s American Civil Liberties Union, argue the bill fixes a decades-old problem with the annulment law which unfairly discriminates against those who are indigent and grappling with how to pay thousands of dollars in restitution. They say the current law prolongs the process for both the offender and the victim, and that timelier annulments would pave the way for offenders to seek out higher-paying jobs that, in turn, allow them to pay down their debt faster.
Read more: https://www.concordmonitor.com/Senate-bill-annulment-criminal-record-draws-concerns-25601373