The proposed bill aims to amend the North Dakota Century Code regarding the sealing of certain criminal records. It introduces a new section that mandates the automatic sealing of records for individuals found not guilty, those with dismissed charges, or those granted a pardon by the governor. Additionally, it amends existing definitions and provisions related to sealing criminal records, including the definition of "closed" records and the grounds for filing a petition to seal a criminal record. Notably, the bill allows individuals who have received an unconditional pardon to petition for sealing their felony records after five years, or misdemeanor records after three years without new convictions.

Furthermore, the bill establishes a process for closing nonconviction records, requiring courts to close such records automatically after 61 days if the order of nonconviction is issued on or after August 1, 2025. Defendants can also petition to close records for cases disposed of before this date, provided they meet specific criteria. The bill explicitly states that no filing fee will be charged for petitions under this section, ensuring accessibility for individuals seeking to seal their records. Overall, the amendments aim to enhance the privacy of individuals with nonconviction records while clarifying the procedures for sealing criminal records in North Dakota.

Statutes affected:
INTRODUCED: 12-60.1-02
Prepared by the Legislative Council staff for Representative Klemin: 12-60.1-02
FIRST ENGROSSMENT: 12-60.1-02
Adopted by the Senate Judiciary Committee: 12-60.1-01, 12-60.1-02