Right-To-Know Law Allows Public to View Annulled Prosecution

After an annulment of a prosecution that ended in acquittal, the public still has the right to view and access records from the case surrounding the arrest and prosecution of a former defendant

Grafton Cty. Attorney's Office v. Canner, 2016 BL 272988, N.H., No. 2015-0536, 8/23/16.

   The New Hampshire Supreme Court ruled that the state’s right-to-know law allows citizens to view the records from an annulled prosecution that ended in acquittal. The plaintiff argued that his records should be exempt from the law because an annulment treats a former defendant “in all respects” as if he was never arrested, convicted, or sentenced under state law. The court responded saying that the purpose of the annulment statute was to give a person a new start, free from stigma, not “conceal the fact that [an arrest] occurred.” Moreover, the court added that it would be “Orwellian” to require the state to deny an existence of any prosecution file.

http://www.bloomberglaw.com/public/document/Grafton_Cty_Attorneys_Office_v_Canner_No_20150536_2016_BL_272988_.