North Dakota Motion to Seal Records and Documents

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US-03331BG
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A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public. An attorney who is licensed to practice in the jurisdiction where the case is heard usually initiates a motion of this type, although many jurisdictions will allow private citizens to file the motion through a court clerk. A court request to seal records is common in many situations, especially when the welfare of a minor could be adversely impacted if the court records were made readily available to the general public.


Most jurisdictions have specific laws and procedures regarding the motion to seal. While processes vary, it is not unusual for a court to require that specific documents be filed with the court clerk before a judge will consider the request to seal the records connected with a given case. Some jurisdictions require that a waiting period must take place between the date that the case is settled and the records are officially sealed. In other situations, the records are sealed as soon as the judge grants the request.

North Dakota Motion to Seal Records and Documents is a legal process that allows individuals or entities to request the sealing of certain records and documents related to a case. This motion can be filed in various types of legal proceedings in North Dakota, including civil, criminal, and family law cases. The purpose of sealing these records is to restrict public access to sensitive information and maintain privacy for the parties involved. A North Dakota Motion to Seal Records and Documents can be utilized in different situations, each fulfilling specific requirements and criteria. Some common types of motions to seal records and documents in North Dakota include: 1. Criminal Records: Individuals who have been charged with a criminal offense in North Dakota can file a motion to seal their criminal records. This motion aims to prevent the public from accessing details such as arrest records, court proceedings, or any other criminal records related to the case. 2. Family Law Records: In family law cases, such as divorce, child custody, or adoption, parties involved may file a motion to seal records and documents to protect sensitive information, including personal details, financial records, or any other confidential documents relating to the case. 3. Civil Lawsuit Records: Parties engaged in civil lawsuits, such as personal injury or contract disputes, can also file a motion to seal records and documents. This motion could be used to safeguard proprietary information, trade secrets, or any other information that should remain undisclosed to the public. 4. Juvenile Records: Individuals with a juvenile record may request a motion to seal their juvenile records to provide them with a fresh start upon reaching adulthood. The sealing of juvenile records aims to protect the individual's future opportunities by preventing public access to their past offenses. The process of filing a North Dakota Motion to Seal Records and Documents generally entails drafting a formal motion, providing supporting evidence or arguments justifying the request for sealing, and filing the motion with the appropriate court. It is crucial to consult with an attorney experienced in North Dakota law to ensure compliance with the specific requirements and procedures for sealing records and documents in the state. In summary, a North Dakota Motion to Seal Records and Documents is a legal tool used in various types of cases to restrict public access to sensitive information. Sealing records can be requested in criminal, family law, civil lawsuits, or juvenile cases. It is important to follow the specific guidelines and consult with legal professionals to ensure the success of such motions.

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FAQ

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.

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.

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.

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.

Class A Misdemeanor Maximum Penalty: 365 days of imprisonment, a $3,000 fine, or both. Some crimes that would qualify as a Class A Misdemeanor in North Dakota are: Failure to report or control a dangerous fire. Possession of marijuana paraphernalia.

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Nov 8, 2019 — If your petition to seal your criminal records is denied by the court, you must wait three years to file another petition. However, if you filed ... A Motion for Leave to File Under Seal should be accompanied by a memorandum in support setting forth the legal basis for sealing the proposed document or motion ...... file a sealed document or a sealed motion.” It is well ... above and grants leave of Court to file the following documents under seal: (1) plea agreement. "Seal" means to prohibit the disclosure of the existence or contents of court or prosecution records unless authorized by court order. 12-60.1-02. Grounds to ... Apr 23, 2020 — File your petition documents with the clerk of court of the existing criminal case for the offense. Make copies of all documents for your own ... by RT Reagan · Cited by 3 — The identities of minors who are parties in civil cases can also be protected by using their initials and sealing documents that must include their complete ... Oct 18, 2021 — Therefore, the party seeking sealing must 'analyze in detail, document by document, the propriety of secrecy, providing reasons and legal ... 41(4)(a). A motion to protect a filing from public access, and any supporting documents, must be filed as "sealed" until the court makes its ruling. A court ... Guide to restoration of rights, pardon, and criminal record sealing & expungement following a North Dakota criminal conviction. The North Dakota court system maintains records of documents and evidence that were filed with the court during the criminal case. The North Dakota court ...

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North Dakota Motion to Seal Records and Documents