Signed by Governor Kelly Armstrong

Vote Smart's Synopsis:

Vote to pass a bill that amends state criminal records sealing laws to reduce the time period during which petitioners, whose appeals have been denied, can resubmit an application for records to be sealed in North Dakota.

Highlights:

• Authorizes a court to grant a petition to seal a criminal record if the court determines by clear and convincing evidence the following: (Sec. 1):

• The petitioner has shown good cause for granting the petition;

• The benefit to the petitioner outweighs the presumption of openness of the criminal record;

• The petitioner has paid all court-ordered restitution;

• The petitioner has completed all terms of imprisonment and probation;

• Petitioner has demonstrated reformation warranting relief; and

• The petition complies with the requirements of this chapter.

• Authorizes the court to consider the following when determining whether or not to grant a petition; (Sect. 1)

• The nature and severity of the underlying crime would be sealed;

• The risk the petitioner poses to society;

• The length of time since the petitioner committed the offense;

• The petitioners’ rehabilitation since the offense;

• The petitioners’ criminal record, employment history, and community involvement;

• Recommendations by law enforcement, prosecutors, corrections officials, and those familiar with the petitioner and the offense; and

• The recommendations of the victims of the offense.

• Authorizes an appeal for petitions denied by a district court (Sec. 1).

• Reduces the filing of a subsequent petition to seal a criminal record for up to one year following the denial. (Sec. 1).

• Authorizes a court to grant a petition, but stipulates the release of the information when an entity has a statutory obligation to conduct a criminal history background check (Sec. 1). 

• Specifies that the provisions of this bill shall take effect immediately upon passage and approval by the Governor (Sec. 2).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends state criminal records sealing laws to reduce the time period during which petitioners, whose appeals have been denied, can resubmit an application for records to be sealed in North Dakota.

Highlights:

• Authorizes a court to grant a petition to seal a criminal record if the court determines by clear and convincing evidence the following: (Sec. 1):

• The petitioner has shown good cause for granting the petition;

• The benefit to the petitioner outweighs the presumption of openness of the criminal record;

• The petitioner has paid all court-ordered restitution;

• The petitioner has completed all terms of imprisonment and probation;

• Petitioner has demonstrated reformation warranting relief; and

• The petition complies with the requirements of this chapter.

• Authorizes the court to consider the following when determining whether or not to grant a petition; (Sect. 1)

• The nature and severity of the underlying crime would be sealed;

• The risk the petitioner poses to society;

• The length of time since the petitioner committed the offense;

• The petitioners’ rehabilitation since the offense;

• The petitioners’ criminal record, employment history, and community involvement;

• Recommendations by law enforcement, prosecutors, corrections officials, and those familiar with the petitioner and the offense; and

• The recommendations of the victims of the offense.

• Authorizes an appeal for petitions denied by a district court (Sec. 1).

• Reduces the filing of a subsequent petition to seal a criminal record for up to one year following the denial. (Sec. 1).

• Authorizes a court to grant a petition, but stipulates the release of the information when an entity has a statutory obligation to conduct a criminal history background check (Sec. 1). 

• Specifies that the provisions of this bill shall take effect immediately upon passage and approval by the Governor (Sec. 2).

Full Bill Text