On petition to seal criminal record, the North Dakota text is N.D. Cent. Code § 12-60.1-03. The statute says: “Subject to redaction requirements in rule 3.4 of the North Dakota Rules of Court, a petition must include: a.” N.D. Cent. Code § 25-03.1-45 speaks in expungement. N.D. Cent. Code § 12-60.1-03 speaks in sealing. They are different orders.
The petition and the sections next to it
N.D. Cent. Code § 12-60.1-02 deals with grounds to file petition to seal criminal record. The statute says: “The individual pled guilty to or was found guilty of a misdemeanor offense and the individual has not been convicted of a new crime for at least three years before filing the petition; b.”
Read N.D. Cent. Code § 25-03.1-45 when the issue is expungement of records. The statute says: “Expungement of records Following the discharge of a respondent from a treatment facility or the state hospital or the issuance of a court order denying a petition for commitment, a respondent may at any time move to have all court records pertaining to the…”
Appellate readings
Louis A. Yorke v. Emma M. Yorke, 3 N.D. 343 (1893) is worth reading in full. The opinion puts it this way: “They were unwilling “to expunge a sentence of divorce with a stroke of the pen, bastardize after-begotten children, involve an innocent third person in legal guilt, and destroy rights acquired in reliance on a judicial act which was operative at the time.”
In the Interest of Cll, 507 N.W.2d 900 (1993) is worth reading in full. The opinion puts it this way: “The order of adjudication is not a conviction of crime resulting in any civil disqualification, which would need to be expunged from the child's record, and only the order of disposition can be used against him, and then only in juvenile court proceedings.”
A practical sequence
- Open N.D. Cent. Code § 12-60.1-03 and read the part on petition to seal criminal record. Everything else in the filing has to fit that section.
- Use N.D. Cent. Code § 12-60.1-02 for the mechanics. It is grounds to file petition to seal criminal record, which is not the same question as whether the record qualifies.
- Then read Louis A. Yorke v. Emma M. Yorke, 3 N.D. 343 (1893). That is a North Dakota court already applying this kind of request.
Frequently asked questions
How do you expunge a criminal record in North Dakota?
North Dakota uses N.D. Cent. Code § 12-60.1-03 for petition to seal criminal record. The statute says: “Subject to redaction requirements in rule 3.4 of the North Dakota Rules of Court, a petition must include: a.” N.D. Cent. Code § 25-03.1-45 speaks in expungement. N.D. Cent. Code § 12-60.1-03 speaks in sealing. They are different orders.
What does a North Dakota petition have to contain?
On grounds to file petition to seal criminal record, the North Dakota text is N.D. Cent. Code § 12-60.1-02. The statute says: “The individual pled guilty to or was found guilty of a misdemeanor offense and the individual has not been convicted of a new crime for at least three years before filing the petition; b.”
How have North Dakota courts ruled on expungement and sealing?
Louis A. Yorke v. Emma M. Yorke, 3 N.D. 343 (1893) “They were unwilling “to expunge a sentence of divorce with a stroke of the pen, bastardize after-begotten children, involve an innocent third person in legal guilt, and destroy rights acquired in reliance on a judicial act which was operative at the time.”
Read N.D. Cent. Code § 12-60.1-03 in full before you file. A quotation on this page is a starting point, not the whole section.