Highlight In Legal North Dakota Expungement Forms For Free

Sealing records doesn't delete or destroy the records, so access may be possible in limited situations. Often, access to sealed records requires a court order. In North Dakota, expungement of DUI records isn't available.

Generally, a felony record can be sealed five years after the date you complete your sentence.

Misdemeanors in North Dakota Since misdemeanors are considered to be less severe than felonies, a person who is convicted of committing a misdemeanor crime can expect to spend less than one year in jail. There are two types of misdemeanors under North Dakota law: Class A misdemeanors and Class B misdemeanors.

If you are interested in getting records of a misdemeanor sealed, you must go three years without a new criminal charge. The three year waiting period begins after probation, parole, or incarceration ends. After the three year period, you can request expungement. For felonies, that period is five years.

Class B Misdemeanor Maximum Penalty: 30 days of imprisonment, a $1,500 fine, or both. Some crimes that would qualify as a Class B Misdemeanor in North Dakota are: Disorderly conduct. False representation of marital status. Prostitution.

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.