How to Expunge Records in North Dakota

Expunging records in North Dakota can be a complex process, but with the right knowledge and guidance, you can successfully clear your past offenses. If you’re seeking to remove certain criminal records from your record, it’s important to understand the expungement process in North Dakota, the eligibility criteria, the role of an expungement attorney, the cost involved, and the waiting period you may have to endure. Here’s a detailed guide to help you navigate the expungement process in North Dakota.

Expunging records in North Dakota is only available in limited circumstances, such as convictions related to human trafficking, possession of one ounce or less of marijuana, juvenile court unruly/delinquency proceedings, DNA profiles, and unconstitutional arrests.
Criminal record information in North Dakota is mainly found in court records maintained by the North Dakota court system and in the criminal history records maintained by the Bureau of Criminal Investigation (BCI).
Sealing criminal records is a different process from expunging criminal records and can be done under Chapter 12-60.1 of the North Dakota Century Code.
Not all offenses are eligible for sealing, and certain criminal records reported to the North Dakota Bureau of Criminal Investigation (BCI) cannot be sealed.
The court considers various factors when deciding whether to grant a petition to seal criminal records, including the nature and severity of the offense, the risk to society, rehabilitation, criminal record, employment history, community involvement, recommendations of law enforcement and victims, among others.

Sealing Criminal Records in North Dakota

If expungement is not possible for your case in North Dakota, you may still have the option to seal your criminal records, providing some relief from the negative consequences associated with a criminal record.

Sealing criminal records is a different process from expunging criminal records and can be done under Chapter 12-60.1 of the North Dakota Century Code. Sealing criminal records restricts the disclosure of the existence or content of the criminal records. Not all offenses are eligible for sealing, and certain criminal records reported to the North Dakota Bureau of Criminal Investigation (BCI) cannot be sealed.

The eligibility for sealing criminal records depends on the type of offense, the time since the offense, and other factors. The court considers various factors when deciding whether to grant a petition to seal criminal records, including the nature and severity of the offense, the risk to society, rehabilitation, criminal record, employment history, community involvement, recommendations of law enforcement and victims, among others.

If a petition to seal criminal records is denied, there may be a waiting period before filing another petition, and appeal options are limited. Legal research resources in North Dakota statutes and case law are available for individuals to understand and navigate the process of expunging or sealing criminal records in North Dakota.

FAQ

Q: How can I expunge my criminal records in North Dakota?

A: To expunge your criminal records in North Dakota, you need to research the laws related to the crime you were convicted of and the laws regarding expungement. Expungement is only available in limited circumstances, such as convictions related to human trafficking, possession of one ounce or less of marijuana, juvenile court unruly/delinquency proceedings, DNA profiles, and unconstitutional arrests.

Q: Where can I find my criminal record information in North Dakota?

A: Criminal record information in North Dakota is primarily found in court records maintained by the North Dakota court system and in the criminal history records maintained by the Bureau of Criminal Investigation (BCI).

Q: What is the difference between expungement and sealing criminal records in North Dakota?

A: Expungement and sealing of criminal records are two different processes. Expungement removes the record of a conviction, while sealing restricts the disclosure of the existence or content of the criminal records. Sealing criminal records can be done under Chapter 12-60.1 of the North Dakota Century Code, but not all offenses are eligible for sealing, and certain records reported to the BCI cannot be sealed.

Q: What factors are considered when deciding whether to grant a petition to seal criminal records in North Dakota?

A: The court considers various factors when deciding whether to grant a petition to seal criminal records, including the nature and severity of the offense, the risk to society, rehabilitation, criminal record, employment history, community involvement, recommendations of law enforcement and victims, among others.

Q: Are there any appeal options if a petition to seal criminal records is denied in North Dakota?

A: Yes, there may be appeal options available if a petition to seal criminal records is denied in North Dakota, but appeal options are limited. It is important to consult with legal experts and access legal research resources to understand the process and navigate through it effectively.