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 rehabilitation. The court is required to consider various factors, such as the nature of the crime, the risk posed by the petitioner, and input from law enforcement and victims. Additionally, a hearing on the petition cannot occur sooner than 45 days after filing, and prosecutors are encouraged to seek input from relevant parties.

Significantly, the bill removes the provision that previously prohibited individuals from appealing a denial of a petition from a district judge or magistrate. It allows individuals aggrieved by a denial in municipal court to appeal to district court without a filing fee, although a denial from district court remains non-appealable. Furthermore, the bill modifies the timeframe for which a district court can prohibit a petitioner from filing a subsequent petition from three years to one year following a denial, provided good cause is shown. If a petition is granted, the court must indicate that the petitioner is sufficiently rehabilitated while also noting that certain statutory obligations for background checks remain in effect.

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