Overview Description

Records relating to a first marijuana misdemeanor will be sealed by the court after two years, so long as the person is not convicted of a controlled substance offense in that time. N.D. Cent. Code, § 19-03.1-23(10).

Ineligible Category or Citation

This statute applies only to first-offense convictions for possession of one ounce or less of marijuana. N.D. Cent. Code § 19-03.1-23(10).

Procedure General

For the specific procedure, see N.D. Cent. Code § 19-03.1-23(10).

Fees

There is no statutory language regarding fees.

Effect

Once sealed, the court record cannot be opened, even by an order of the court. N.D. Cent. Code § 19-03.1-23(10).

Waiting Periods

The record is sealed after two years if the petitioner has no subsequent convictions.

(non-prod server)