Expungement of Criminal Records – General – North Dakota
1. What is an expungement?
The process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges.
2. Do the records just disappear?
No. In the case of expunging DNA records, The laboratory must expunge all identifiable information in the database pertaining to the person and destroy all samples from the person upon receipt of a certified order.
3. What records may be expunged?
Records of conviction for possession of ounce ounce or less of marijuana and DNA records related to convictions later reversed or to a case that is dismissed. N.D.S § 19-03.1-23, N.D.S.§ 31-13-07
4. Who is eligible for an expungement?
1) A person who was convicted of possessing one ounce or less of marijuana and has had no other convictions may apply for expungement of the conviction after two years. N.D.S § 19-03.1-23.
2) A person whose arrest that led to the inclusion of the DNA profile has not resulted in a felony charge within one year; has been resolved by a dismissal, acquittal, or misdemeanor conviction; has not resulted in a felony conviction; or the conviction on which the authority for including the DNA profile was based has been reversed or the case dismissed. N.D.S.§ 31-13-07.
5. How do I get records expunged?
In the case of DNA profiles sought to be expunged under N.D.S.§ 31-13-07, the subject of the records must submit a petition for expungement to the district court.
The expungement of a conviction for possession of one ounce or less of marijuana as provided in N.D.S § 19-03.1-23 requires that a petition to expunge records be made.