Expungement in the State of North Dakota

 

When you are being charged with a crime in North Dakota, your first concern is probably avoiding a conviction or what sentence you will be given. You may not consider one consequence you already face even before the verdict is given: a criminal record. Your arrest is already on file and available for anyone who wants to find it, such as landlords, bank employees, and potential employers. It can affect your future ability to rent an apartment, get a job, or qualify for a loan.

 

The United States recognizes these hurdles, so it offers a way to fix this blemish on your record called expungement. Every state handles this process differently, and unfortunately, North Dakota does not have a very lenient policy. In fact, it doesn’t even offer a statutory process for expunging or sealing a criminal record.

 

The only way a record can be expunged is if the court finds an arrest to be unconstitutional and orders that it be expunged if the person charged was not otherwise acquitted of the matter.

 

But this means that if you are convicted as an adult for a misdemeanor or a felony, you cannot have that record expunged. It will remain on your file permanently.

 

Can Juveniles Have Their Records Expunged in North Dakota?

 

Ten years after the offense was committed, juvenile delinquency records that have been adjudicated can be removed. In the cases where the petition for expungement is denied, the records can be expunged either after the person turns 18 years old or when the person is released from court-mandated supervision, whichever occurs last. If you have a juvenile offense that you would like removed, you should contact the lawyer who initially worked on the case to see what options you have. You can also seek a North Dakota attorney who has experience with expungement to help you with the process.

 

What Happens When a Record Is Expunged in North Dakota?

 

Many people believe that the record is totally destroyed in the event that it becomes legally expunged, but this is not the case. The records will be made available under specific circumstances to qualified individuals. Two situations where the records may be accessed include if you apply for the U.S. military or are running for public office. However, these records are not able to be accessed by the general public or local law enforcement agencies.

 

If it is a DNA record expungement, then there are certain pieces of evidence that will be completely destroyed, including all identifying information and samples.

 

If a Conviction Cannot Be Expunged, Can Other Records Be Erased in North Dakota?

 

In some cases, you can have certain data expunged, such as in the case of a DNA expunction, but even then only certain cases qualify. For example, if the conviction was for less than one ounce of marijuana, it may be eligible, but only if you have no other offense for two years after the initial conviction.

 

Additionally, you can expunge DNA records that are related to a reversed or dismissed conviction, per the North Dakota laws 19-03.1-23 and 31-13-07.

 

If you had a DNA sample taken during an arrest, but the case did not ultimately end in a conviction, you can petition for expungement of the DNA records a year after the incident. This is true if your case was acquitted, dismissed, or reversed.

 

What Steps Do I Have to Take to Have DNA Records Expunged in North Dakota?

 

Under North Dakota law 31-13-07, you must first petition the district court. If your case involves less than one ounce of marijuana, you must wait until two years after the conviction and need to follow the requirements that are explained in section 19-03.1-23 of North Dakota law when you petition for legal erasure.

 

If you would like to pursue expungement of DNA records, a juvenile conviction, or an unconstitutional arrest, it is in your best interest to hire a North Dakota attorney who has experience with expungement because the process can be complicated and confusing.