North Dakota Criminal Record Expungement: Learn How to Get Your Criminal Record Expunged in North Dakota
When compared with other states, North Dakota criminal records expungement laws are very conventional. Though juvenile record laws are kept classified, it is much more challenging for adults to expunge their criminal records. Instead of expungement, North Dakota seals criminal records. Sealing makes sure that your criminal record cannot be accessed by the general populace.
Criminal Record expungement in North Dakota is a process where criminal records that are retained by government agencies and state-run servers are all erased. There are legal requirements to expunge a record in North Dakota after your conviction free waiting period is over. You have to petition to the court where you were convicted and convince the presiding judge of you deserving the expungement of your records.
Eligibility for Expungement
People who were found guilty of a misdemeanor in North Dakota and felonies that are not violent or sexual are usually eligible for. As of now, eligibility of North Dakota Criminal Records Expungement is associated with the following:
- Human trafficking victim: Misdemeanor, controlled substance abuse, felony and prostitution committed by individuals who are a victim of human trafficking and is not directly responsible for the acts are eligible for expungement.
- A conviction for possession or distribution of a drug-related crime: if the person had used controlled substances for the first time and is not convicted of any other crime during his tenure, then they may make a petition to expunge their records.
- Not charged during the trial: If one was cleared of all charges during the trial, then the person can petition to expunge his records.
- Juvenile Criminal record: Incase of a juvenile, criminal records are expunged when the person turns 18 and if he has not committed any other felony during the conviction-free time.
How to get your criminal records expunged in North Dakota
To check whether you are eligible for the expungement of your criminal records you should visit North Dakota government courts and research cases that are related to the type of crime you are convicted of. You can find short summaries of cases and the county where they were committed. In case you have a problem with legal jargon and terminologies, you can consult a lawyer in your area to help you understand and proceed accordingly.
Getting criminal records expunged in North Dakota requires one to do the following steps:
- You have to write a petition stating your information such as your name, address, the date of your conviction compared with the date of your petition, a justified reason why your petition should be taken into account and if you have a past criminal record with details.
- The bureau of the criminal investigation in North Dakota is responsible for supplying past criminal records.
- Letters of recommendation from credible sources, with their relationship with the convict and the reason for their writing duly mentioned.
- Along with filing the petition, you have to file a proposed order and send a copy to the district county court and the prosecutor who handled your case.
After submitting your petition request along with relevant documents to the court, the court will likely have a hearing. The court will consider the danger you pose to society, the time since you were convicted, rehabilitation and your behavior since the offense, your earlier criminal records, your involvement with the community and recommendations from credible individuals.
Getting your criminal records expunged in North Dakota helps you to start anew and leave your past behind. A criminal record can make a person's life very difficult in several aspects like getting a job, buying a house, starting a business and so on.
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