Add Date To Legal North Dakota Expungement Forms For Free

If you plead guilty to, or are found guilty of, a criminal offense, that information cannot be expunged from your criminal history record even if it is expunged from the court's file. A conviction will show up on your criminal history record regardless of how many years have passed.

An individual must file the petition in the existing criminal case for the offense. Along with the petition, a proposed order must also be filed granting the sealing of the criminal record. Finally, the petition must be served upon the prosecuting attorney as required by the North Dakota Rules of Criminal Procedure.

In North Dakota, criminal offenses, including sex-related crimes, are divided into seven classes or degrees ranging from Class A misdemeanors to Class AA felonies. A misdemeanor conviction carries a possible jail sentence of less than one year, while the most severe felony could land you behind bars for life.

After the three year period, you can request expungement. For felonies, that period is five years. Crimes involving violence or intimidation require a 10 year charge-free waiting period. In order to get your criminal record expunged, you must explain why your record should be sealed, as discussed above.

In 2019, North Dakota enacted a law authorizing expungement (or sealing) of misdemeanor criminal records if the offender remains crime-free for three years after completion of the sentence. Sealing a record doesn't make it disappear, but the law prohibits disclosure of its contents and existence without a court order.

In Minnesota, you have to wait at least 2 years to have your record expunged. 2 years is the minimum. You may be able to apply sooner if you had a misdemeanor conviction for a crime that's not on the list of crimes that can never be expunged, or if you have one of several types of felony convictions.