Overview Description

Records relating to a delinquency adjudication can be expunged by the court after five years or after the petitioner reaches age eighteen, whichever occurs last, so long as the person is not subject to a disqualifying event. 6 N. Mar. I. Code § 5173(a). (Cannot link directly to statutes.)

Ineligible Category or Citation

Convictions for murder or sexual assault (as defined in sections 1301 or 1302) are not eligible for expungement. 6 N. Mar. I. Code § 5173(b). To be eligible for expgungement, a person cannot have been convicted of a felony, or of a misdemeanor wherein violence toward another person was attempted or committed since the termination of the court's jurisdiction or the juvenile's release from the juvenile justice center. The person may not have a pending proceeding involving a felony or misdemeanor. 6 N. Mar. I. Code § 5173(c).

Procedure General

A petition must be filed with the court. For the specific procedure, see 6 N. Mar. I. Code § 5173.

In considering the expungement petition, the court will examine whether the petitioner has been held accountable to the court's satisfaction, the petitioner is developing the life skills necessary to become a contributing member of the community, and the expungement of the petitioner's record will not compromise public safety. 6 N. Mar. I. Code § 5173(c).

 

Fees

There is no statutory language regarding fees.

Effect

Upon entry of the expungement order, all records in the petitioner's case in the custody of the court and all such records in the custody of any other agency or official will be sealed; and all references to said adjudication to be removed from all indices and from all other records available to the public. 6 N. Mar. I. Code § 5173(c).

Once expunged, the proceedings in the petitioner's case will be deemed never to have occurred and the petitioner can properly reply accordingly upon any inquiry in the matter. 6 N. Mar. I. Code § 5173(c).

Waiting Periods

A petition can be filed five years from the date of termination of the continuing jurisdiction of the court, or after the person turns 18, whichever is later.

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