Page:2019 North Dakota Session Laws.pdf/420

Rh 1. The court may grant a petition to seal a criminal record if the court determines by clear and convincing evidence:

a. The petitioner has shown good cause for granting the petition;

b. The benefit to the petitioner outweighs the presumption of openness of the criminal record;

c. The petitioner has completed all terms of imprisonment and probation for the offense;

d. The petitioner has paid all restitution ordered by the court for commission of the offense;

e. The petitioner has demonstrated reformation warranting relief; and

f. The petition complies with the requirements of this chapter.

2. In determining whether to grant a petition, the court shall consider:

a. The nature and severity of the underlying crime that would be sealed;

b. The risk the petitioner poses to society;

c. The length of time since the petitioner committed the offense;

d. The petitioner's rehabilitation since the offense;

e. Aggravating or mitigating factors relating to the underlying crime, including factors outlined in section 12.1-32-04;

f. The petitioner's criminal record, employment history, and community involvement;

g. The recommendations of law enforcement, prosecutors, corrections officials, and those familiar with the petitioner and the offense; and

h. The recommendations of victims of the offense.

3. A hearing on the petition may not be held earlier than forty-five days following the filing of the petition.

4. To the extent practicable, upon receipt of a petition to seal a criminal record, the prosecutor shall notify and seek input from law enforcement, witnesses, victims, and correctional authorities familiar with the petitioner and the offense.

5. This section does not prohibit a prosecutor from stipulating to seal a criminal record without a hearing or more expeditiously than provided in this section.

6. An individual may not appeal a denial of a petition from a district judge or magistrate.

7. An individual aggrieved by denial of a petition in a municipal court may appeal the denial to the district court for de novo review without payment of a filing fee. A petition denied by the district court may not be appealed.