North Dakota Motion to Expunge Criminal Offender Record due to Charges having been Dismissed

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Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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How to fill out Motion To Expunge Criminal Offender Record Due To Charges Having Been Dismissed?

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FAQ

Classes of offenses under United States federal law TypeClassMaximum prison termFelonyALife imprisonment (or death in certain cases of murder, treason, espionage or mass trafficking of drugs)B25 years or moreCLess than 25 years but 10 or more yearsDLess than 10 years but 5 or more years5 more rows

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.

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.

Reduction of minor felonies to misdemeanors. North Dakota law provides procedures by which a minor state felony conviction may be reduced to a misdemeanor after service of 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.

Class AA felonies are punishable by up to life in prison without parole. Examples include premeditated murder and continuous sexual abuse of a child. Class A felonies carry a maximum penalty of 20 years' imprisonment and a $20,000 fine. Some examples are sex trafficking (of an adult) and murder in the heat of passion.

The petition to expunge arrest records should be filed in the court where charges were filed or, if no criminal charges were filed, in a court in the county where the arrest occurred. I.C. 35-38-9-1(e). There is no filing fee required for a petition under this section.

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North Dakota Motion to Expunge Criminal Offender Record due to Charges having been Dismissed