AN ACT to create and enact a new section to chapter 12-60.1 of the North Dakota Century Code, relating to closing certain criminal records; and to amend and reenact sections 12-60.1-01 and 12-60.1-02 of the North Dakota Century Code, relating to closed records and grounds to file a petition to seal a criminal record.
What changed between versions
Added new definitions for 'closed', 'court record', 'criminal justice agency', 'criminal record', 'nonconviction', 'prosecutor', and 'seal' to clarify what records are subject to sealing procedures.
Modified waiting periods for sealing: three years for misdemeanors and five years for felonies, replacing the previous automatic sealing provisions.
Added exceptions preventing sealing when dismissal resulted from plea agreements involving other convictions, fitness to proceed findings, lack of criminal responsibility verdicts, or appeals.
Created new section requiring courts to automatically close nonconviction records within 61 days for cases entered on or after August 1, 2025, or within 10 days after petition for earlier cases.
Removed the declaration of emergency provision that was present in the earlier version of the bill.