Skip to main content
Find a Lawyer

North Dakota Century Code Title 12. Corrections, Parole, and Probation § 12-60.1-04. Hearing on petition

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

1. The court may grant a petition to seal a criminal record if the court determines by clear and convincing evidence:

a. The petitioner has shown good cause for granting the petition;

b. The benefit to the petitioner outweighs the presumption of openness of the criminal record;

c. The petitioner has completed all terms of imprisonment and probation for the offense;

d. The petitioner has paid all restitution ordered by the court for commission of the offense;

e. The petitioner has demonstrated reformation warranting relief; and

f. The petition complies with the requirements of this chapter.

2. In determining whether to grant a petition, the court shall consider:

a. The nature and severity of the underlying crime that would be sealed;

b. The risk the petitioner poses to society;

c. The length of time since the petitioner committed the offense;

d. The petitioner's rehabilitation since the offense;

e. Aggravating or mitigating factors relating to the underlying crime, including factors outlined in section 12.1-32-04;

f. The petitioner's criminal record, employment history, and community involvement;

g. The recommendations of law enforcement, prosecutors, corrections officials, and those familiar with the petitioner and the offense; and

h. The recommendations of victims of the offense.

3. A hearing on the petition may not be held earlier than forty-five days following the filing of the petition.

4. To the extent practicable, upon receipt of a petition to seal a criminal record, the prosecutor shall notify and seek input from law enforcement, witnesses, victims, and correctional authorities familiar with the petitioner and the offense.

5. This section does not prohibit a prosecutor from stipulating to seal a criminal record without a hearing or more expeditiously than provided in this section.

6. An individual aggrieved by denial of a petition in a municipal court may appeal the denial to the district court for de novo review without payment of a filing fee. A petition denied by the district court may be appealed.

7. Except as provided in this section and if good cause is shown, a district court denying a petition may prohibit a petitioner from filing a subsequent petition to seal a criminal record for up to one year following the denial. The order denying the petition must provide the reasons establishing good cause for prohibiting the petition.

8. If a court grants a petition to seal a criminal record, the court shall state in the court order that the petitioner is sufficiently rehabilitated but is subject to the provisions of section 12.1-33-02.1, and shall release the information when an entity has a statutory obligation to conduct a criminal history background check.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - North Dakota Century Code Title 12. Corrections, Parole, and Probation § 12-60.1-04. Hearing on petition - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-12-corrections-parole-and-probation/nd-cent-code-sect-12-60-1-04/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard