Page:2019 North Dakota Session Laws.pdf/419

Corrections, Parole, and Probation 1. An individual may file a petition to seal a criminal record if:

a. The individual pled guilty to or was found guilty of a misdemeanor offense and the individual has not been charged with a new crime for at least three years from the date of release from incarceration, parole, or probation; or

b. The individual pled guilty to or was found guilty of a felony offense and the individual has not been charged with a new crime for at least five years from the date of release from incarceration, parole, or probation.

2. This chapter does not apply to:

a. A felony offense involving violence or intimidation during the period in which the offender is ineligible to possess a firearm under subdivision a of subsection 1 of section 62.1-02-01; or

b. An offense for which an offender has been ordered to register under section 12.1-32-15.

12-60.1-03. Petition to seal criminal record.

1. A petition to seal a criminal record must be filed in the existing criminal case for the offense.

2. Subject to redaction requirements in rule 3.4 of the North Dakota Rules of Court, a petition must include:

a. The petitioner's full name and all other legal names or aliases the petitioner has used at any time;

b. The petitioner's addresses from the date of the offense until the date of the petition;

c. Reasons why the petition should be granted;

d. The petitioner's criminal history in this state and any other state, federal court, and foreign country, including:

(1) All prior and pending criminal charges;

(2) All prior and pending charges for which an imposition of sentence has been deferred or stayed, or which have been continued for dismissal; and

(3) All prior requests by the petitioner with authorities in this state or another state or federal forum for pardon, return of arrest records, expungement, or sealing of a criminal record, whether granted or not.

3. The petitioner shall file a proposed order when filing a petition to seal a criminal record.

4. A petition filed under this section must be served upon the prosecuting official as provided by rule 49 of the North Dakota Rules of Criminal Procedure.

12-60.1-04. Hearing on petition.