North Dakota: Adult Convictions (ND-C-3)

Records relating to a misdemeanor conviction can be sealed by the court after three years. N.D. Cent. Code § 12-60.1-02(1)(a).

Record Detail(s)

Misdemeanor

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Discretionary

Hearing

Yes, unless otherwise stipulated

Clearance Process

Petition-based

Remedy

Seal

Ineligible Category or Citation

This section does not apply to a felony involving violence or intimidation during the period in which the offender is ineligible to possess a firearm or an offense for which an offender has been ordered to register under section 12.1-32-15. N.D. Cent. Code § 12-60.1-02(2).

Procedure General

The petition must be filed in the court of conviction. For the specific procedure, see N.D. Cent. Code sections 12-60.1-03, 12-60.1-04.

Fees

There is no statutory language on fees.

Effect

The person is subject to the provisions of section 12.1-33-02.1 on state licensure. Information is released when a requesting entity has a statutory obligation to conduct a criminal history check. N.D. Cent. Code § 12-60.1-04(9).

Waiting Periods

The petition can be filed three years from release from incarceration, parole, or probation.

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