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North Dakota Motion to Expunge Criminal Offender Record due to Charges having been Dismissed

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Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

The North Dakota Motion to Expunge Criminal Offender Record due to Charges having been Dismissed is a legal process that allows individuals with dismissed criminal charges in North Dakota to request the removal and sealing of their criminal records. This motion can offer a fresh start, erasing the negative consequences of past arrests or charges that did not result in a conviction. Expungement provides the opportunity for individuals to rebuild their lives by eliminating the stigma associated with criminal records and enhancing their employment prospects, housing applications, and overall quality of life. In North Dakota, there are different types of motions to expunge criminal offender records based on the specific circumstances of the case, including: 1. Motion to Expunge Arrest Record: If an individual in North Dakota has been arrested but not convicted, they may file a motion to expunge their arrest record. This type of expungement is available when charges have been dropped, dismissed, or resulted in an acquittal. 2. Motion to Expunge Diversion Record: North Dakota offers diversion programs that allow individuals charged with certain offenses to participate in alternative programs in lieu of traditional prosecution. Upon successful completion, individuals can file a motion to expunge their diversion record, effectively sealing these charges from public view and obtaining a clean slate. 3. Motion to Expunge Deferred Imposition of Sentence Record: In instances where a defendant receives a deferred sentence and successfully completes probation, they can file a motion to expunge their deferred imposition of sentence record. This motion aims to safeguard individuals from the long-term consequences of criminal charges that are ultimately dismissed. Filing a North Dakota Motion to Expunge Criminal Offender Record due to Charges having been Dismissed requires proper legal documentation and adherence to specific procedures outlined in the state's expungement laws. It is crucial to consult with an experienced criminal defense attorney or seek guidance from legal aid organizations to ensure the accuracy and completeness of the motion. Overall, the North Dakota Motion to Expunge Criminal Offender Record due to Charges having been Dismissed offers a valuable opportunity for individuals to regain control of their future, enabling them to leave their past behind and move forward with a clean record.

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How to fill out North Dakota Motion To Expunge Criminal Offender Record Due To Charges Having Been Dismissed?

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Classes of offenses under United States federal law TypeClassMaximum prison termFelonyALife imprisonment (or death in certain cases of murder, treason, espionage or mass trafficking of drugs)B25 years or moreCLess than 25 years but 10 or more yearsDLess than 10 years but 5 or more years5 more rows

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.

Reduction of minor felonies to misdemeanors. North Dakota law provides procedures by which a minor state felony conviction may be reduced to a misdemeanor after service of sentence.

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 AA felonies are punishable by up to life in prison without parole. Examples include premeditated murder and continuous sexual abuse of a child. Class A felonies carry a maximum penalty of 20 years' imprisonment and a $20,000 fine. Some examples are sex trafficking (of an adult) and murder in the heat of passion.

The petition to expunge arrest records should be filed in the court where charges were filed or, if no criminal charges were filed, in a court in the county where the arrest occurred. I.C. 35-38-9-1(e). There is no filing fee required for a petition under this section.

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To determine if you can ask a North Dakota district court to expunge your North Dakota criminal records, you'll need to research the laws related to the crime(s) ... Nov 8, 2019 — If your petition to seal your criminal records is denied by the court, you must wait three years to file another petition. However, if you filed ...Apr 23, 2020 — Chapter 12-60.1, the following may petition a North Dakota state court to seal their criminal records: An individual who pled guilty to or was ... Guide to restoration of rights, pardon, and criminal record sealing & expungement following a North Dakota criminal conviction. If a municipal court denies the petition, then an appeal can be made to the district court. The petitioner must wait at least three years from the date of the ... To petition for expungement, contact the agency that governs the documents. Fill out the necessary paperwork. You must send all required work to all the ... Dec 22, 2019 — Records pertaining to cases that have been reversed or charges that have been dropped may be expunged. Any DNA or other identifiable information ... The Bureau of Criminal Investigation maintains criminal history records. Even if an individual's court record is sealed or expunged, that does not remove the ... A motion for expungement is a civil filing and requires payment of civil filing fees and costs of $70, unless a waiver is granted by the court. In order to have any DNA records expunged, an individual must petition the district court under North Dakota law 31-13-07. In the cases of possession of less ...

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North Dakota Motion to Expunge Criminal Offender Record due to Charges having been Dismissed