How Do I Seal or Expunge a Criminal Record?
Court records and criminal
history records are two different records in separate systems.
Court records are maintained by the District
Courts. This office does not have jurisdiction or authority
over court records. You will need to contact the clerk of district
court in the county in which the conviction occurred for more
information on whether or not the record of a particular offense
may be sealed or expunged (deleted) from the court's file. Even
if a court record is sealed or expunged, that
does not remove the information from a criminal history
record.
Criminal
history records are maintained by the Bureau of Criminal
Investigation (BCI). These records consist of information about
arrests, criminal charges, dismissals, convictions, sentencing,
and parole/probation, as reported by law enforcement, the courts,
and other criminal justice entities. Generally, if you plead
guilty to, or were found guilty of, a misdemeanor or felony
offense the information cannot be expunged
from your criminal history record.
There is an exception for
some arrest records. The ND Supreme Court outlined, in
State v. Howe, 308 N.W.2d 743 (N.D. 1981), the limited
authority of a court to order expunction of criminal history
information "when the arrest is unlawful in violation of
the arrestee's constitutional rights and the arrestee has not
been subsequently convicted … .” This is
a determination made by the court, not the BCI. Upon receipt
of an appropriate court order, the BCI will expunge the arrest
and any corresponding charges from an individual's criminal
history record, and report as necessary to federal agencies.
For legal advice or more information please
contact an attorney in private practice.
