Page:2021 North Dakota Session Laws.pdf/387

Rh '''12-60.1-02. Grounds to file petition to seal criminal record.''' 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 withconvicted of a new crime for at least three years from the date of release from incarceration, parole, or probation {{underline|before filing the petition; or

b. The individual pled guilty to or was found guilty of a felony offense and the individual has not been charged withconvicted of a new crime for at least five years from the date of release from incarceration, parole, or probation{{underline|before filing the petition}}.

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.

'''SECTION 3. AMENDMENT.''' Subsection 8 of section 12-60.1-04 of the North Dakota Century Code is amended and reenacted as follows:

8. Except as provided in this section {{underline|and if good cause is shown}}, {{strikethrough|if a petition is denied an individual}}{{underline|a district court denying a petition}} may {{strikethrough|not file}}{{underline|prohibit a petitioner from filing}} a subsequent petition to seal a criminal record for {{strikethrough|at least}}{{underline|up to}} three years following the denial. {{underline|The order denying the petition must provide the reasons establishing good cause for prohibiting the petition.}}

Approved March 25, 2021

Filed March 26, 2021