12-60.1-03. Petition to seal criminal record.

1. A petition to seal a criminal record must be filed in the existing criminal case for the offense.

2. Subject to redaction requirements in rule 3.4 of the North Dakota Rules of Court, a petition must include: a. The petitioner's full name and all other legal names or aliases the petitioner has used at any time;

b. The petitioner's addresses from the date of the offense until the date of the petition; c. Reasons why the petition should be granted; d. The petitioner's criminal history in this state and any other state, federal court, and foreign country, including: (1) All prior and pending criminal charges; (2) All prior and pending charges for which an imposition of sentence has been deferred or stayed, or which have been continued for dismissal; and (3) All prior requests by the petitioner with authorities in this state or another state or federal forum for pardon, return of arrest records, expungement, or sealing of a criminal record, whether granted or not.

3. The petitioner shall file a proposed order when filing a petition to seal a criminal record.

4. A petition filed under this section must be served upon the prosecuting official as provided by rule 49 of the North Dakota Rules of Criminal Procedure.