PETITION FOR EXPUNGEMENT AND SEALING OF CRIMINAL RECORD

State of North Dakota – District Court

[// GUIDANCE: This litigation template is drafted for use in a North Dakota District Court proceeding in which a Petitioner seeks to seal (expunge) a criminal record. Customize all bracketed fields, confirm statutory citations, and ensure compliance with the most current version of the North Dakota Century Code and local court rules before filing.]

TABLE OF CONTENTS

1. Document Header & Caption
2. Definitions
3. Petition (Operative Provisions)
   3.1 Parties
   3.2 Jurisdiction and Venue
   3.3 Identification of Criminal Record
   3.4 Statutory Authority
   3.5 Eligibility & Compliance Showing
   3.6 Notice to Interested Parties
   3.7 Sealed Record Access Parameters
   3.8 Prayer for Relief
4. Representations & Warranties (Verification)
5. Certificate of Compliance (Rule 3.1, N.D.R.Ct.)
6. Certificate of Service
7. Proposed Order

1. DOCUMENT HEADER & CAPTION

STATE OF NORTH DAKOTA IN DISTRICT COURT
COUNTY OF [COUNTY] [JUDICIAL] JUDICIAL DISTRICT

In the Matter of the Petition of )
)
[PETITIONER FULL LEGAL NAME], ) Case No. _____
Petitioner, )
)
for an Order to Seal Criminal Record ) PETITION FOR EXPUNGEMENT
(Expungement) Pursuant to [ND STATUTE] ) AND SEALING OF RECORD
Effective Date of Petition: [DATE]

2. DEFINITIONS

For purposes of this Petition, the following terms shall have the meanings set forth below:

“Applicable Statute” means the North Dakota Century Code section(s) authorizing judicial sealing or expungement of criminal records, including any enabling procedural rules. [// GUIDANCE: Insert the precise statutory citation once verified, e.g., N.D. Cent. Code § 12.1-32-07.2.]

“Completion of Sentence” means full satisfaction of all custodial terms, probation, conditions of release, fines, restitution, fees, and other obligations imposed in the Criminal Matter.

“Criminal Matter” means the criminal case identified in Section 3.3 that is the subject of this Petition.

“Waiting Period” means the statutorily required elapsed time following Completion of Sentence before eligibility to petition for sealing/expungement.

[Add additional definitions as needed.]

3. PETITION (OPERATIVE PROVISIONS)

3.1 Parties

1. Petitioner: [PETITIONER FULL LEGAL NAME], Date of Birth: [DOB], last four digits of SSN: *--[XXXX], residing at [ADDRESS], County of [COUNTY], State of North Dakota.
2. Respondent: State of North Dakota, by and through the [COUNTY] County State’s Attorney (the “Prosecuting Authority”).

3.2 Jurisdiction and Venue

3. This Court has subject-matter jurisdiction under the Applicable Statute and N.D. Const. art. VI § 8.
4. Venue lies properly in this County because the Criminal Matter was adjudicated in this District.

3.3 Identification of Criminal Record

5. Case/Citation Number: [CR-YY-XXXX].
6. Arresting Agency: [AGENCY NAME].
7. Offense(s): [LIST EACH COUNT, OFFENSE LEVEL].
8. Date of Arrest: [DATE].
9. Disposition: [CONVICTION/DISMISSAL/DEFERRED IMPOSITION], entered [DATE].
10. Completion of Sentence occurred on [DATE].

3.4 Statutory Authority

11. Petitioner brings this Petition pursuant to the Applicable Statute, which authorizes a person meeting specified criteria to obtain an order sealing criminal records.

3.5 Eligibility & Compliance Showing

12. Waiting Period: At least [X] years have elapsed since Completion of Sentence, satisfying the Waiting Period requirement.
13. No Pending Charges: Petitioner has no criminal charges currently pending in any jurisdiction.
14. Good Conduct: Petitioner has not been convicted of any crime during the Waiting Period.
15. Financial Obligations: All fines, fees, restitution, and other financial obligations arising from the Criminal Matter have been paid in full.
16. Public Interest: Sealing this record will neither compromise public safety nor contravene the interests of justice; conversely, relief will enhance Petitioner’s rehabilitation and re-integration.

3.6 Notice to Interested Parties

17. Concurrent with filing, Petitioner has served the Prosecuting Authority and the arresting agency with this Petition and a proposed order. [// GUIDANCE: Modify to include any additional notice the statute or local rule may require, e.g., BCI or Attorney General.]

3.7 Sealed Record Access Parameters

18. Petitioner requests that the Court’s order expressly limit access to the sealed record to entities authorized by the Applicable Statute (e.g., for law-enforcement, licensing, or sentencing purposes), and direct all executive-branch agencies, clerks of court, and third-party repositories to comply.

3.8 Prayer for Relief

WHEREFORE, Petitioner respectfully prays that the Court:

A. Grant this Petition;
B. Order all court files, law-enforcement records, and any ancillary data concerning the Criminal Matter sealed from public inspection;
C. Direct all agencies to remove the sealed record from publicly accessible databases and to respond to future inquiries as though no such record exists, except as otherwise permitted by law;
D. Order such further relief as the Court deems just and proper.

4. REPRESENTATIONS & WARRANTIES (VERIFICATION)

I, [PETITIONER NAME], being first duly sworn, depose and state that I have read the foregoing Petition, know the contents thereof, and that the statements are true and correct to the best of my knowledge, information, and belief, subject to the penalties of perjury under the laws of the State of North Dakota.

_____ Date: ____
[PETITIONER NAME], Petitioner
State of North Dakota )
County of ______ ) ss.

Subscribed and sworn before me on this _ day of __, 20__, by [PETITIONER NAME].

Notary Public for the State of North Dakota
My Commission Expires: ____

5. CERTIFICATE OF COMPLIANCE

[// GUIDANCE: Required if an attorney signs the pleading.]

I certify that this Petition complies with N.D.R.Ct. 3.1 and is not presented for any improper purpose.

_____ Date: ____
[ATTORNEY NAME], ND Bar #_____
Counsel for Petitioner
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]

6. CERTIFICATE OF SERVICE

I hereby certify that on the _ day of _, 20__, I served the foregoing PETITION FOR EXPUNGEMENT AND SEALING OF CRIMINAL RECORD and Proposed Order upon the following by [MAIL / ELECTRONIC FILING SYSTEM / HAND DELIVERY] as indicated below:

• [NAME], State’s Attorney, [ADDRESS]
• [NAME], [ARRESTING AGENCY], [ADDRESS]

[ATTORNEY OR PETITIONER NAME]

7. PROPOSED ORDER

[// GUIDANCE: File as a separate document if local practice requires.]

STATE OF NORTH DAKOTA IN DISTRICT COURT
COUNTY OF [COUNTY] [JUDICIAL] JUDICIAL DISTRICT

In the Matter of the Petition of )
)
[PETITIONER FULL LEGAL NAME], ) Case No. _____
Petitioner, )
)
for an Order to Seal Criminal Record ) ORDER GRANTING
(Expungement) Pursuant to [ND STATUTE] ) EXPUNGEMENT

The Court, having considered the Petition, any responses, the record herein, and applicable law, FINDS:

1. It has jurisdiction and venue is proper.
2. Petitioner has satisfied all statutory prerequisites for expungement/sealing.
3. Expungement is consistent with the public interest.

IT IS ORDERED:

A. The Petition is GRANTED.
B. All records pertaining to [CASE NUMBER(S)] are hereby SEALED.
C. The clerk of this Court, the Bureau of Criminal Investigation, the arresting agency, and any other custodian of such records shall comply with this Order forthwith and shall respond to future inquiries as provided in the Applicable Statute.
D. Access to the sealed record is restricted to entities expressly authorized by law.
E. The clerk shall transmit certified copies of this Order to all entities listed in ¶C.
F. This Order is effective immediately.

Dated: ___, 20__

BY THE COURT:

Judge of the District Court

[// GUIDANCE: Prior to filing, verify (1) the correct statutory citation for expungement/sealing, (2) required notice and hearing timelines, (3) filing fees, and (4) any county-specific forms or e-filing conventions. Adapt the waiting-period language to reflect current NDCC provisions—e.g., five years for non-violent misdemeanors, ten for certain felonies—if those provisions are confirmed.]