North Dakota Affidavit in Support of Motion to Order Expungement of Criminal Record

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Description

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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FAQ

North Dakota's laws state that all government records and meetings must be open to the public unless otherwise authorized by a specific law. The basic laws are found in the North Dakota Century Code, beginning at 44-04-17.1.

Bureau of Criminal Identification and Investigation (BCI)

The Plymouth County Bureau of Criminal Investigation, or BCI, helps local police with technical aspects of their investigations. BCI Deputies work in the field collecting evidence and taking photographs and fingerprints at crime scenes and traffic accidents.

North Dakota State Employment Background Check Laws Employers can access applicants' criminal convictions within the past seven years, providing valuable insights for informed hiring decisions. Ban-the-Box Law: North Dakota upholds the Ban-the-Box law, a significant step in fair recruitment practices.

Fill out the online application. Once you apply, the Minnesota Attorney General's Office will review your case and refer your case to the applicable County Attorney's or City Attorney's Office to determine if you're eligible to seal your criminal record.

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.

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.

The Bureau of Criminal Investigation (BCI) is the state's central repository for criminal history information, a system that compiles records of arrests and prosecutions of individual offenders for use by law enforcement, the courts, and the public.

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North Dakota Affidavit in Support of Motion to Order Expungement of Criminal Record