This bill amends and reenacts sections of the North Dakota Century Code related to the sealing of criminal records and introduces a new section concerning the closure of nonconviction records. Key definitions are updated, including the definition of "closed" records, which are now accessible only to specific individuals such as judges, court clerks, and the defendant's counsel. The bill also clarifies that a "nonconviction" refers to the dismissal or acquittal of all charges in a case. Additionally, it establishes that individuals may file a petition to seal their criminal records under certain conditions, including the granting of an unconditional pardon by the governor.

A significant addition to the law is the provision for closing nonconviction records. If a court issues an order of nonconviction on or after August 1, 2025, the court record must be closed after sixty-one days. Defendants with nonconviction orders prior to this date can petition the court to close their records, which must be done within ten days if the requirements are met. However, this closure does not apply in specific circumstances, such as when the dismissal results from a plea agreement or if the case is under appeal. Importantly, no filing fee will be charged for petitions filed under this new section.

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
Enrollment: 12-60.1-01, 12-60.1-02