N.D. Cent. Code § 39-08-01.6

Current through 2024 Legislative Session

Section 39-08-01.6 - Criminal record - Seal - Exception

1. The court shall seal an individual's criminal record in accordance with sections 12.1-32-07.1 and 12.1-32-07.2 which relates to a conviction under section 39-08-01, if the individual:

a. Has pled guilty or nolo contendere to, or has been found guilty of a violation under section 39-08-01 or an equivalent ordinance; and

b. Has not pled guilty or nolo contendere to, or has not been found guilty of a subsequent violation of section 39-08-01 or an equivalent ordinance, or any other criminal offense, within seven years of the first violation under section 39-08-01 or an equivalent ordinance.

2. This section does not apply to an individual licensed as a commercial driver under section 39-06.2-10 or to a prosecutor's access to a prior offense for purposes of enhancement under subsection 3 of section 39-08-01 or an equivalent ordinance.

N.D.C.C. § 39-08-01.6

Amended by S.L. 2021 , ch. 294( HB 1355 ), § 1, eff. 8/1/2021.

Amended by S.L. 2021 , ch. 293( HB 1336 ), § 1, eff. 8/1/2021 and applies retroactively.

Added by S.L. 2019 , ch. 323( HB 1334 ), § 1, eff. 8/1/2019.

See S.L. 2021 , ch. 293( HB 1336 ), § 2.