Page:2019 North Dakota Session Laws.pdf/418

Rh CHAPTER 103

HOUSE BILL NO. 1256

(Representatives Roers Jones, Beadle, Becker, Boschee, Brandenburg, Heinert)

(Senators Burckhard, Luick, Oban, J. Roers)

AN ACT to create and enact chapter 12-60.1 of the North Dakota Century Code, relating to sealing of criminal records; and to amend and reenact subsection 1 of section 12.1-41-14, subsection 4 of section 50-09-32, and subdivision e of subsection 1 of section 62.1-04-03 of the North Dakota Century Code, relating to sealing of criminal records.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

SECTION 1. Chapter 12-60.1 of the North Dakota Century Code is created and enacted as follows:

12-60.1-01. Definitions.

As used in this chapter:

1. "Court record" includes:

a. Any document or information collected, received, or maintained by court personnel in connection with a judicial proceeding;

b. Any index, calendar, docket, register of actions, official record of the proceedings, order, decree, judgment, minute, and any information in a case management system created or prepared by court personnel relating to a judicial proceeding; and

c. Information maintained by court personnel pertaining to the administration of the court or clerk of court office and not associated with a particular case.

2. "Criminal record" means court and prosecution records subject to sealing under this chapter. A criminal record does not include criminal history record information as defined in subsection 5 of section 12-60-16.1 or criminal justice data information maintained in the criminal justice data information sharing system under section 54-12-34.

3. "Employee" has the same meaning as in section 14-02.4-02.

4. "Employer" has the same meaning as in section 14-02.4-02.

5. "Prosecutor" means the office or agency with jurisdiction over the offense for purposes of postconviction proceedings.

6. "Seal" means to prohibit the disclosure of the existence or contents of court or prosecution records unless authorized by court order.

12-60.1-02. Grounds to file petition to seal criminal record.