North Dakota Expungement

North Dakota Expungement
North Dakota does not have a statutory process for the sealing or expunging of criminal records. However the court may order than an unconstitutional arrest be expunged if the individual was not otherwise acquitted. Adult convictions, whether they be misdemeanor or felony offenses, cannot be expunged or sealed under North Dakota law. Juvenile delinquency records, if adjudicated, can be eliminated after ten years of the offense. If a expungement petition is denied, the juvenile records can be eliminated one year after the individual has reached the age of eighteen or when he or she has been released from court mandated supervision. This kind of expungement depends on which stipulation occurs last.

When a record is expunged, it does not completely disappear. In the circumstances of DNA record expunction, all indentifying information must be removed from laboratory databases and all samples are to be destroyed as order by the court. Records cannot be accessed by local law enforcement or the general public after a petition has been granted. Expunged records can be accessed for varying circumstances that include application to the United State military and running for public office.

North Dakota Expunged Records
Because all adult conviction records are not eligible for erasure, only certain files can qualify. Any record that has a possessing conviction for less than one ounce of marijuana can be expunged. Also all DNA records in relation to reversed convictions or dismissed convictions can be erased according to North Dakota laws 19-03.1-23 and 31-13-07. Those that are eligible for expungement include any individual who has been convicted of the possession of less than an ounce of marijuana with no other offenses in place after two years since the conviction. Also individuals who were arrested and had DNA samples taken but did not end in a felony conviction after one year can apply for expungement. These circumstances deem that the case have been acquitted, dismissed, the misdemeanor case be reversed, a felony conviction not result from, or the case at hand that include DNA information be thrown out by the proper authorities.

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 than an ounce of marijuana, an individual must follow all outlined requirements in section 19-03.1-23 of North Dakota law and petition for legal erasure. This can happen after two years since the criminal conviction.

North Dakota Felony Statute of Limitations
The state of North Dakota has set into place time limitations for which an individual can be convicted of an offense through criminal prosecution filing. These statutes of limitation include no limitation for cases of murder and three years for all other criminal offenses. North Dakota has also set limitations on the sexual abuse of a child that includes seven years or three years after the offense has been reported. If the abused adolescent is under the age of fifteen, this statute of limitation does not begin until he or she has reached the age of fifteen.

See also:
North Dakota Misdemeanors External link (opens in new window)
North Dakota Felony External link (opens in new window)
North Dakota Gun Laws External link (opens in new window)