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North Dakota law provides procedures by which a minor state felony conviction may be reduced to a misdemeanor after service of sentence. See N.D. Cent.
This section states the a person whose arrest led to their DNA being added to the DNA database and this person has not been charged with the felony for at least one year, or the case has been resolved by a dismissal, acquittal, or been reduced to a misdemeanor conviction is eligible for an expungement. N.D.S.
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.
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.
Generally, a felony record can be sealed five years after the date you complete your sentence.
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.
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.
Class B misdemeanor, for which a maximum penalty of thirty days' imprisonment, a fine of one thousand five hundred dollars, or both, may be imposed.