ND HB1355

Court shall seal an individual's criminal record if they pled guilty or nolo contendere to, or were found guilty of a violation under section 39-08-01 or an equivalent ordinance.

Individual must not have pled guilty, nolo contendere, or been found guilty of any subsequent violation of section 39-08-01 or equivalent ordinance, or any other criminal offense, within seven years of the first violation.

Section does not apply to individuals licensed as commercial drivers under section 39-06.2-10.

Prosecutors retain access to prior offenses for purposes of enhancement under section 39-08-01 or an equivalent ordinance, regardless of record sealing.

Passed House 91-1 with 2 absent; passed Senate 47-0 with 0 absent.