North Dakota: Adult Diversion/Deferral Program (ND-D-2)

Records relating to a DWI case dismissed after successful completion of probation are sealed by the court immediately. N.D. Cent. Code § 39-08-01.6.

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

This section does not apply to a person licensed as a commercial driver under section 39-06.2-10. N.D. Cent. Code § 39-08-01.6(2).

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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