Current through the 2023 Legislative Sessions
Section 12-60.1-03 - Petition to seal criminal record1. 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.Added by S.L. 2019, ch. 103 (HB 1256),§ 1, eff. 8/1/2019.