North Dakota Record Expungement

In North Dakota, there are few laws that pertain to the expungement process. Not many offenses can be expunged, but it is important to know if you qualify for expungement before you start the process.

N.D. Cent. Code Section 19-03.1-23 pertains to sealing of criminal records on various drug-related convictions. Basically this section states that anyone was convicted of possessing one ounce or less of marijuana and has no other pending litigation or further convictions can petition for expungement two years after the conviction.

N.D. Cent. Code Section 31-13-07 pertains to the sealing of DNA evidence. This section states the a person whose arrest led to their DNA being added to the DNA database and this person has not been charged with the felony for at least one year, or the case has been resolved by a dismissal, acquittal, or been reduced to a misdemeanor conviction is eligible for an expungement. N.D.S. 31-13-07.

N.D. Cent. Code Section 27-20-51 pertains to juvenile expungement laws.

If you have a felony you would like you would like to expunge, North Dakota law has a process for reducing a felony conviction to a misdemeanor. North Dakota law also has deferred sentencing in a few situations, which can have the ending result of no conviction depending on if all terms are properly completed adequately. DUIs possibly could also be reduced depending on the charges. For DUIs, it is considered wise to first consult an attorney before going further in the expungement process.

The North Dakota expungement process is handled by the agency that governs the documents. As a result, court documents are required to be sealed or expunged by way of the courts, and arrest and other agency records will be handled through the governing agency.

To petition for expungement, contact the agency that governs the documents. Fill out the necessary paperwork. You must send all required work to all the required agencies that might be affected by having your record expunged. After doing this you will be given a date to attend a expungement hearing. Attend this hearing and present the evidence showing that you deserve the expungement. You must also explain why it is in the best interests of society and you must also show that you are not likely to be a repeat offender. The agency can use its discretion to decide at the hearing whether or not to grant your expungement.