Expungement in North Dakota
There is no statutory process in North Dakota for sealing or expunging criminal records. However, if the individual was not otherwise acquitted, the court may order that an unconstitutional arrest be expunged. Adult convictions, whether misdemeanor or felony, are not expungable or sealed under North Dakota law. If adjudicated, juvenile delinquency records can be expunged after ten years. If an expungement petition is denied, the juvenile records can be destroyed one year after the individual reaches the age of eighteen or is released from court-ordered supervision. This type of expungement is determined by which stipulation occurs last.
A record is not completely erased when it is expunged. In the case of DNA record expungement, all identifying information must be removed from laboratory databases, and all samples must be destroyed per the court’s order. After a petition is granted, records cannot be accessed by local law enforcement or the general public. Expunged records can be accessed for a variety of reasons, including military service and running for public office in the United States.
North Dakota Records Expunged
Because all adult conviction records are ineligible for erasure, only specific files are eligible. Any record containing a conviction for possessing less than one ounce of marijuana can be expunged. According to North Dakota laws 19-03.1-23 and 31-13-07, all DNA records related to reversed or dismissed convictions can also be erased. Any individual who has been convicted of possession of less than an ounce of marijuana with no other offenses in place two years after the conviction is eligible for expungement. Individuals who were arrested and had DNA samples taken but did not receive a felony conviction within one year of the arrest can also apply for expungement. These circumstances indicate that the case was acquitted, dismissed, the misdemeanor case was reversed, a felony conviction was not obtained, or the case at hand that included DNA information was thrown out by the proper authorities.
An individual must petition the district court under North Dakota law 31-13-07 to have any DNA records expunged. In the case of possession of less than an ounce of marijuana, an individual must follow all of the requirements outlined in North Dakota law section 19-03.1-23 and petition for legal erasure. This can occur two years after the criminal conviction.
Felony Statute of Limitations in North Dakota
North Dakota has established time limits for an individual to be convicted of an offense through criminal prosecution filing. There is no statute of limitations in cases of murder and three years in all other criminal offenses. North Dakota has also imposed time limits on child sexual abuse, which include seven years or three years after the offense is reported. If the abused adolescent is under the age of fifteen, the statute of limitations does not start until he or she turns fifteen.