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State Statute Description/Statute Name Statutory language Level of offense Definition of ability to pay Timeline Burden of proof Method of determination Mandatory Remedies if unable to pay
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New Hampshire N.H. Rev. Stat. § 651-B:11(II) Registration Fee

An offender who cannot afford to pay the fee shall, within 10 days of registration, request a waiver of the fee and a hearing on the matter before the commissioner.

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In order to be considered for a waiver, the offender shall submit a financial affidavit on a form provided by the department. The division may at its discretion request such a waiver on behalf of an offender. If such a request is made, the commissioner shall promptly schedule and conduct a hearing pursuant to rules adopted under RSA 541-A, unless the commissioner or commissioner's designee determines a hearing is not necessary and waives the fee based on the offender's financial affidavit, or at the written request of the division. At the hearing, the burden shall be on the offender to prove that he or she is indigent. The offender may appeal the commissioner's decision to the superior court. Under no circumstances shall the offender's request for a hearing or indigence relieve the offender of the obligation to register as required pursuant to this chapter.

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Indigent

At defendant's request at enforcement Burden on defendant to show inability to pay Administrative decision Yes

Fee waiver

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New Hampshire N.H. Rev. Stat. Ann. § 651:5(X)(d) Annulment of Criminal Records

Upon payment of a fee not to exceed $100 to the state police, and subject to the provisions of subparagraph XI(b), the state police criminal records unit shall remove the

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annulled criminal record and inform all appropriate state and federal agencies of the annulment, unless the petitioner demonstrates that he or she is indigent, or has been found not guilty, or the case has been dismissed or not prosecuted in accordance with paragraph II. The state police shall grant the fee waiver request where the petitioner demonstrates indigency by including with the fee waiver request an affidavit listing the petitioner's monthly net income and that of his or her spouse, and the assets of the petitioner and his or her spouse. The fee waiver request form used shall be substantially similar to the forms for waiver of fees and costs in the superior courts.

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Indigent

Before imposition of fine or fee Not provided for Administrative decision No

Fee waiver