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, meets specific criteria such as completing all terms of imprisonment and probation, paying restitution, and showing evidence of rehabilitation. The court is required to consider various factors, including the nature of the crime, the risk posed by the petitioner, and input from law enforcement and victims. Additionally, the bill stipulates that hearings on petitions cannot occur earlier than 45 days after filing and allows prosecutors 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 also allows individuals aggrieved by a denial in municipal court to appeal to district court without a filing fee, although a denial from the district court cannot be appealed. 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, provided good cause is shown. If a petition is granted, the court must indicate that the petitioner is sufficiently rehabilitated while also noting that the information may still be released for background checks as required by law.

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