How can I get expungement of criminal record for a misdemeanor in North Dakota?
Full Question:
Answer:
Petitions to the court requesting an expungement and removal from all criminal records searches must be properly filled out and filed. The petition must come after the required two years since the completion of the trial. If granted, the court will notify all agencies in possession of information related to the expunged record. The record and all of it's details will be removed from any possible background check searches
Court records and criminal history records are two different records in separate systems. Court records are maintained by the District Courts. You will need to contact the clerk of district court in the county in which the conviction occurred for more information on whether or not the record of a particular offense may be sealed or expunged (deleted) from the court's file. Even if a court record is sealed or expunged, that does not remove the information from a criminal history record.
Criminal history records are maintained by the Bureau of Criminal Investigation (BCI). These records consist of information about arrests, criminal charges, dismissals, convictions, sentencing, and parole/probation, as reported by law enforcement, the courts, and other criminal justice entities. Generally, if you plead guilty to, or were found guilty of, a misdemeanor or felony offense the information cannot be expunged from your criminal history record.
There is an exception for some arrest records. The ND Supreme Court outlined, in State v. Howe, 308 N.W.2d 743 (N.D. 1981), the limited authority of a court to order expunction of criminal history information "when the arrest is unlawful in violation of the arrestee's constitutional rights and the arrestee has not been subsequently convicted … .” This is a determination made by the court, not the BCI. Upon receipt of an appropriate court order, the BCI will expunge the arrest and any corresponding charges from an individual's criminal history record, and report as necessary to federal agencies.
Because all adult conviction records are not eligible for erasure, only certain files can qualify. Any record that has a possessing conviction for less than one ounce of marijuana can be expunged. Also all DNA records in relation to reversed convictions or dismissed convictions can be erased according to North Dakota laws 19-03.1-23 and 31-13-07. Those that are eligible for expungement include any individual who has been convicted of the possession of less than an ounce of marijuana with no other offenses in place after two years since the conviction. Also individuals who were arrested and had DNA samples taken but did not end in a felony conviction after one year can apply for expungement. These circumstances deem that the case have been acquitted, dismissed, the misdemeanor case be reversed, a felony conviction not result from, or the case at hand that include DNA information be thrown out by the proper authorities.
In order to have any DNA records expunged, an individual must petition the district court under North Dakota law 31-13-07. In the cases of possession of less than an ounce of marijuana, an individual must follow all outlined requirements in section 19-03.1-23 of North Dakota law and petition for legal erasure. This can happen after two years since the criminal conviction.