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 certain legal representatives. 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, specifying that individuals with misdemeanor convictions must wait three years and those with felony convictions must wait five years before filing. A new provision allows individuals who receive an unconditional pardon from the governor to petition for sealing their records. Furthermore, the bill mandates that if a court issues a nonconviction order after August 1, 2025, the court record must be closed after sixty-one days, and it allows defendants to petition for closure of records from cases disposed of before this date, with certain exceptions. Notably, 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