North Dakota: Adult Diversion/Deferral Program (ND-D-1)

Records relating to a misdemeanor case dismissed after successful completion of a drug court program are sealed by the court immediately. N.D. Cent. Code §§ 19-03.1-23(11), 39-08-01.5(3).

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Automatic

Remedy

Seal

Ineligible Category or Citation

There is no statutory language on ineligible offenses.

Procedure General

The procedure is automatic.

Fees

There is no statutory language on fees.

Effect

The records are subject to examination by the clerk, a judge of the court, the juvenile commissioner, probation officers, the defendant or defendant's counsel, and the state's attorney. Others may examine the records only by court order. N.D. Cent. Code § 12.1-32-07.2(2).

Waiting Periods

There is no waiting period.

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