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Misdemeanors in North Dakota Since misdemeanors are considered to be less severe than felonies, a person who is convicted of committing a misdemeanor crime can expect to spend less than one year in jail. There are two types of misdemeanors under North Dakota law: Class A misdemeanors and Class B misdemeanors.
If you plead guilty to, or are found guilty of, a criminal offense, that information cannot be expunged from your criminal history record even if it is expunged from the court's file. A conviction will show up on your criminal history record regardless of how many years have passed.
Generally, a felony record can be sealed five years after the date you complete your sentence.
If you are interested in getting records of a misdemeanor sealed, you must go three years without a new criminal charge. The three year waiting period begins after probation, parole, or incarceration ends. After the three year period, you can request expungement. For felonies, that period is five years.
A misdemeanor stays on your record for life unless you successfully petition for expungement. There is no preset ?expiration date? for misdemeanor crimes. Even though misdemeanor offenses are less serious than felonies, they are still serious breaches in the eyes of the law.
An individual must file the petition in the existing criminal case for the offense. Along with the petition, a proposed order must also be filed granting the sealing of the criminal record. Finally, the petition must be served upon the prosecuting attorney as required by the North Dakota Rules of Criminal Procedure.
Class B Misdemeanor Maximum Penalty: 30 days of imprisonment, a $1,500 fine, or both. Some crimes that would qualify as a Class B Misdemeanor in North Dakota are: Disorderly conduct. False representation of marital status. Prostitution.
How to Find Someone's Criminal Records in North Dakota. Criminal records can be requested through the North Dakota Bureau of Criminal Investigation (NDBCI) and include convictions, charges that were dismissed or returned a not-guilty adjudication, and a sex offender registry.