Overview Description

A record relating to a delinquency proceeding can be destroyed at any time if the court finds good cause. N.D.R.Juv.P. 19.

Ineligible Category or Citation

Records of an alleged sex offense or sexual performance by children must be retained for 50 years. N.D. Cent. Code § 25-03.3-04. To be eligible for destruction under this section, the person cannot have any criminal charges pending before any other court. N.D.R.Juv.P. 19.

Procedure General

A petition must be filed with the court. N.D.R.Juv.P. 19.

Fees

There is no statutory language regarding fees.

Effect

Upon the final destruction of a file or record, the proceeding must be treated as if it never occurred. N.D. Cent. Code § 27-20-54(2).

Upon an inquiry in any matter, the child, the court, and representatives of agencies, except the attorney general and the directors of the Department of Transportation, the Department of Human Services, the Department of Corrections and Rehabilitation, law enforcement agencies, and county social service agencies, will properly reply that no record exists with respect to the child. N.D. Cent. Code § 27-20-54(2).

For further details on the effect, see N.D. Cent. Code § 27-20-54(2).

Forms

For information and petitions to expunge a record in North Dakota, visit here and here.

Waiting Periods

A petition can be filed at any time.

(non-prod server)