The bill amends section 12-60.1-04 of the North Dakota Century Code, which governs the process for sealing criminal records. It outlines the criteria under which a court may grant a petition to seal a criminal record, requiring clear and convincing evidence that the petitioner has shown good cause, completed all terms of imprisonment and probation, paid restitution, demonstrated reformation, and complied with the chapter's requirements. The court is also instructed to consider various factors, including the nature of the crime, the risk posed to society, the time elapsed since the offense, and the petitioner's rehabilitation and community involvement.

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 the district court remains non-appealable. Additionally, the bill reduces the time frame during which a district court may 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 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