12-60.1-02. Grounds to file petition to seal criminal record. 1. An individual may file a petition to seal a criminal record if:
a. The individual pled guilty to or was found guilty of a misdemeanor offense
and the individual has not been charged withconvicted of a new crime for at least three years from the date of release from incarceration, parole, or probation {{underline|before filing the petition; or
b. The individual pled guilty to or was found guilty of a felony offense and the individual has not been charged withconvicted of a new crime for at least
five years from the date of release from incarceration, parole, or probationbefore filing the petition.
2. This chapter does not apply to:
a. A felony offense involving violence or intimidation during the period in which the offender is ineligible to possess a firearm under subdivision a of subsection 1 of section 62.1-02-01; or
b. An offense for which an offender has been ordered to register under section 12.1-32-15.
SECTION 3. AMENDMENT. Subsection 8 of section 12-60.1-04 of the North Dakota Century Code is amended and reenacted as follows:
8. Except as provided in this section and if good cause is shown, if a petition is denied an individuala district court denying a petition may not fileprohibit a petitioner from filing a subsequent petition to seal a criminal record for at leastup to three years following the denial. The order denying the petition must provide the reasons establishing good cause for prohibiting the petition.
Approved March 25, 2021
Filed March 26, 2021
