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North Dakota Century Code Title 12. Corrections, Parole, and Probation § 12-60.1-03. Petition to seal criminal record

Current as of January 01, 2024 | Updated by Findlaw Staff

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.

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Cite this article: FindLaw.com - North Dakota Century Code Title 12. Corrections, Parole, and Probation § 12-60.1-03. Petition to seal criminal record - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-12-corrections-parole-and-probation/nd-cent-code-sect-12-60-1-03/

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