N.D. Cent. Code § 12-60.1-03

Current through 2024 Legislative Session
Section 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.

N.D.C.C. § 12-60.1-03

Added by S.L. 2019, ch. 103 (HB 1256),§ 1, eff. 8/1/2019.