Overview Description

A record relating to a delinquency adjudication must be destroyed 10 years after the expiration of the final order or from when the person turns 18, whichever is later. N.D. Sup. Ct. Admin. R. 19, Courts Records Retention Schedule.

Ineligible Category or Citation

All juvenile case files and court records relating to certain alleged offenses are not eligible under this section and must be retained for 50 years. N.D. Cent. Code § 25-03.3-04. For the specific list of offenses, see N.D. Cent. Code §§ 12.1-20 and 12.1-27.2.

Procedure General

The procedure is automatic.

Fees

There is no statutory language regarding fees.

Effect

The records are disposed of by shredding. N.D. Sup. Ct. Admin. R. 19, Courts Record Retention Schedule.

Upon the final destruction of a file or record, the proceeding must be treated as if it never occurred. N.D. Code Ann. § 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).

Waiting Periods

Records are destroyed 10 years after expiration of final order or when the person turns 18, whichever is later.

(non-prod server)