The bill amends section 12-60.1-04 of the North Dakota Century Code, which governs the process for sealing criminal records. It establishes that a court may grant a petition to seal a criminal record if the petitioner demonstrates good cause and meets several criteria, including completion of all terms of imprisonment and probation, payment of restitution, and evidence of reformation. The court is required to consider various factors, such as the nature of the crime, the risk posed to society, and the petitioner's rehabilitation, before making a decision. Additionally, the bill stipulates that a hearing on the petition cannot occur earlier than 45 days after filing and mandates that prosecutors seek input from relevant parties upon receiving a petition.

Significantly, the bill removes the provision that prohibits individuals from appealing a denial of a petition from a district judge or magistrate, while allowing for appeals from municipal court denials to the district court without a filing fee. It also changes the duration for which a district court can prohibit a petitioner from filing a subsequent petition from three years to one year following a denial. If a petition is granted, the court must indicate that the petitioner is sufficiently rehabilitated but still subject to certain statutory obligations regarding criminal history background checks.

Statutes affected:
INTRODUCED: 12-60.1-04
Adopted by the House Judiciary Committee: 12-60.1-04
FIRST ENGROSSMENT: 12-60.1-04