Overview Description

Records relating to a misdemeanor conviction can be sealed by the court after three years. N.D. Cent. Code § 12-60.1-02(1)(a).

Ineligible Category or Citation

This section does not apply to a felony involving violence or intimidation during a period of ineligiblity to possess a firearm under subdivision section 62.1-02-01(1)(a) or an offense against a child or a sexual offense requiring registration under section 12.1-32-15. N.D. Cent. Code § 12-60.1-02(2).

Procedure General

The petition must be filed in the court of conviction. For the specific procdure, see N.D. Cent. Code sections 12-60.1-03, 12-60.1-04.

Fees

There is no statutory language on fees.

Effect

The person is subject to the provisions of section 12.1-33-02.1 on state licensure. Information is released when a requesting entity has a statutory obligation to conduct a criminal history check. N.D. Cent. Code § 12-60.1-04(9).

Waiting Periods

The petition can be filed three years from release from incarceration, parole, or probation.

(non-prod server)