If you have a felony conviction, you might wonder if you can erase it from your record. Expungement, or the process of sealing or removing a criminal record, often feels like a path to a fresh start. However, the rules around felony expungement in North Dakota can be complex and specific.
What is expungement?
Expungement allows some people to have certain criminal records sealed or destroyed. This process hides the record from public view and can help with job hunting, housing, and other opportunities. But the law does not treat all offenses the same. Some felony convictions may not qualify for expungement.
Which felonies can be expunged?
North Dakota law limits expungement eligibility. Generally, only certain non-violent felonies are eligible for expungement after a waiting period. The waiting period can last five years from the completion of all sentencing requirements, including probation or parole. Additionally, you must have no new criminal charges during this time.
How to apply for expungement?
You must file a petition in the court where the conviction occurred. The court reviews your case, and the prosecutor may oppose the expungement. The judge then decides whether to grant it based on your history and the nature of the offense. Expunged records become inaccessible to most employers and the public, though some agencies still retain limited access.
What happens after expungement?
Once expunged, your felony conviction no longer appears on routine background checks. This change can improve your chances of finding employment or housing. However, some government agencies or law enforcement can still view the record. Expungement does not erase the conviction but hides it from public view.
Felony expungement offers limited relief. Understanding these rules helps you know if this option suits your situation and what steps to take.
