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, 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 and establishes that a "seal" prohibits the disclosure of court or prosecution records unless authorized by a court order.

Additionally, the bill outlines the grounds for individuals to file a petition to seal their criminal records, including new provisions that allow individuals who have received an unconditional pardon from the governor to petition for sealing. A significant new provision mandates that 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 also petition for closure, provided they meet specific criteria. 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