North Dakota Motion To Seal Juvenile Records

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Multi-State
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US-03332BG
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Description

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.

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FAQ

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.

During the enlistment process, if it is made known there is a criminal history, the juvenile may sign a release form giving the military access to his/her records. Note:? There is nothing in the TFC that is designed to allow the military to force the juvenile to give unsealed records to the recruiter.

In Texas there now exists a records system that is designed to limit access to your juvenile records after you reach 21 years of age if you do not commit criminal offenses after becoming 17 years of age. The system is called Automatic Restriction of Access to Records.

Non-Waivable Charges: What Is Permanently Disqualified From The Military? Any criminal violation of sexual nature. Any domestic violent offenses under the Lautenberg Amendment. At least five misdemeanor offenses. At least four traffic-related offenses within the past five years. At least two major misconduct offenses.

N.D. CeNt. CoDe § 27-20-54(1). Juvenile records are automatically sealed when the juvenile proceedings conclude.

All states have some sort of procedures that allow juveniles to petition to either seal or expunge their records in certain cases. However, these procedures can be confusing and cumbersome, and in many instances, the young person is never notified if, when or how the record can be expunged.

However, if you have a criminal record sealed, that's another story. Sealed records are available to law enforcement agencies, the courts, the military and some employers ? and that means you'll have to talk to your recruiter about whether you're eligible to join based on what's in your record.

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North Dakota Motion To Seal Juvenile Records