76 chapters · 247 sections in this title.
N.D.C.C. § 12-60.1-01 Definitions
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As used in this chapter: 1. "Closed" means subject to examination only by a clerk of court, a judge of the court, the juvenile commission, a criminal justice agency, the defendant, the defendant's counsel, a state's attorney, or any person upon written order of a judge of the cou…
N.D.C.C. § 12-60.1-02 Grounds to file petition to seal criminal record
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1. An individual may file a petition to seal a criminal record if: a. 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. The individual pled gu…
N.D.C.C. § 12-60.1-03 Petition to seal criminal record
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1. A petition to seal a criminal record must be filed in the existing criminal case for the offense. 2. Subject to redaction requirements in rule 3.4 of the North Dakota Rules of Court, a petition must include: a. The petitioner's full name and all other legal names or aliases th…
N.D.C.C. § 12-60.1-04 Hearing on petition
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1. The court may grant a petition to seal a criminal record if the court determines by clear and convincing evidence: a. The petitioner has shown good cause for granting the petition; b. The benefit to the petitioner outweighs the presumption of openness of the criminal record; c…
N.D.C.C. § 12-60.1-05 Closing nonconviction records
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1. If a court enters an order of nonconviction on or after August 1, 2025, the court shall close the court record upon the expiration of sixty-one days. 2. The defendant may file a petition to the court to have the court record closed if the court entered an order of nonconvictio…