State v. ROGER M.

The sole issue presented on appeal is whether RSA 651:5 allows the superior court to annul the record of conviction of a defendant who was over the age of twenty-one at the time of the offense and whose sentence included a fine and a suspension of license, in addition to a one-year conditional discharge. The Superior Court (Souter, J.) ruled that the statute does not provide for the annulment of a record of conviction under these circumstances. For the reasons which follow, we reverse.

On January 26, 1978, the defendant, Roger M., was arrested and charged with operating a motor vehicle under…