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Understanding Class A Misdemeanors in North Dakota
North Dakota uses a 7-level system of classifying crimes, with the top four levels reserved for felonies, misdemeanors occupying the levels below felonies (and carrying limited jail terms), and infractions being the least severe offenses, punishable only by fines (Chapter 12.1-32-01 of the North Dakota Century Code). Misdemeanors, which are more severe than infractions but not as serious as felonies, are classified into Class A and B misdemeanors. This classification is essential for determining appropriate sentencing.
Altogether, felonies carry more stringent jail terms and higher fines than misdemeanors. Meanwhile, Class A misdemeanors in North Dakota are considered more deserving of harsher punishments than Class B misdemeanors.
Examples of Class A Misdemeanors in North Dakota
Class A misdemeanors cover a broad range of non-felony crimes that are punished more severely than Class B misdemeanors. These offenses cut across various categories, including violent crimes, traffic/motor vehicle offenses, illicit drug crimes, and crimes against property.
Below is a summary of common Class A misdemeanors in North Dakota:
| Offense | Description | Possible Penalty |
|---|---|---|
| Theft (between $501 and $1000 in value) | Intentionally taking control over another's property without their consent and with the intention to deprive them of it | Up to 360 days incarceration, a fine of up to $3,000, or both |
| Bail Jumping | Willfully failing to appear in court as required upon release on bail | Up to 360 days incarceration, a fine of up to $3,000, or both |
| DUI (third offense in 7 years) | Driving under the influence of intoxicating compounds | Imprisonment for 120 days, $2,000 fine, 360 days supervised probation, license suspension, addiction evaluation, etc. |
| Criminal Trespass | Illegally entering/remaining in a building or enclosed place | Maximum of 360 days in jail, up to $3,000 fine |
| Reckless Endangerment | Creating a substantial risk of severe physical injury/death to another | Maximum of 360 days in jail, up to $3,000 fine |
| Domestic Violence | Causing substantial bodily injury to one's family or household member | Maximum of 360 days in jail, up to $3,000 fine |
Note: Interested parties can look up real-life class A misdemeanor charges by conducting a search for North Dakota criminal court records.
Penalties for a Class A Misdemeanor in North Dakota
Class A misdemeanor in North Dakota is punishable by up to 360 days of incarceration, a maximum fine of $3,000, or both. Imprisonment may be served in a state correctional facility, a regional corrections center, or a county jail. If the defendant is an organization, it is liable to fines of up to $30,000 upon conviction.
The above penalties reflect the highest punishment a Class A misdemeanor can attract. In practice, courts may choose to impose a lesser sentence if they consider the offense to be less severe. Furthermore, courts are not limited to imprisonment and fines; the North Dakota Century Code provides various other punishments a sentencing judge can add to the standard punishments depending on the facts of each case. Examples include probation, restitution, and rehabilitation programs.
Probation and Alternative Sentencing Options in North Dakota
Section 12.1-32-02 of the North Dakota Century Code sets out the sentencing alternatives from which a judge must choose when delivering a sentence. Apart from a term of imprisonment (including intermittent imprisonment) and fines, they include:
| Sentencing Options | Details |
|---|---|
| Payment of Reasonable Costs | Misdemeanor convicts may be asked to pay reasonable costs associated with their prosecution |
| Restitution | Money that a convicted offender is required to pay the victim to compensate for financial losses directly caused by the crime |
| Probation | Placement of adult convicts on supervision in the community instead of or in addition to a prison term |
| Restorative Justice Program | Misdemeanor offenders may be enrolled in a restorative justice program—a justice system that focuses on offender rehabilitation by reconciling them with the victims and community |
| No Contact Order | An order prohibiting an offender from contacting the victim directly or indirectly |
| Treatment Programs | Examples include the sexual offender treatment program and the mental health court program |
Can a Class A Misdemeanor Be Expunged or Sealed in North Dakota?
Yes. Chapter 12-60.1 of the North Dakota Century Code provides for the sealing or closing of criminal records in the state. Sealing a record prohibits the disclosure of its existence or contents unless a court order authorizes otherwise. On the other hand, closing a record makes it inaccessible to the general public but subject to examination by specific authorized agencies, including court clerks, judges, criminal agencies, and the parties to the case.
Individuals are eligible to seal a Class A misdemeanor if they plead or were found guilty of the offense and at least 3 years have passed without a new conviction. However, certain criminal records cannot be sealed, including:
- Criminal records reported to the North Dakota Bureau of Criminal Investigation (BCI).
- DUI criminal records: These are not eligible for sealing under Chapter 12-60.1 of the North Dakota Century Code, but they may be eligible under N.D.C.C § 39-08-01.6, provided the defendant must have pled or been found guilty of a violation under N.D.C.C § 39-08-01 and must not have pled or been found guilty of any criminal offense within 7 years of the initial violation.
In North Dakota, the court will automatically close a non-conviction record 61 days after the non-conviction order is issued, as long as the order was issued on or after August 1, 2025. If the order was issued before that date, the defendant must petition the court to have the record closed. Closure is not available for cases that:
- Were appealed;
- Ended in a not-guilty finding due to lack of criminal responsibility;
- Were dismissed because the defendant was not fit to proceed; or
- Were dismissed under a plea agreement that included a conviction for another offense.
Meanwhile, North Dakota also provides for the expungement of criminal records, which effectively deletes and destroys all record information pertaining to the offense in question. However, this is only available in minimal circumstances, such as records as a direct result of being a victim of human trafficking, possession of one ounce or less of marijuana, and unconstitutional arrests. Detailed information on expunging criminal records is available in a PDF resource published by the North Dakota Court System. The North Dakota Attorney General's Office also provides information on expunging a criminal record on its official website.
| Condition | Eligible for Expungement? | Waiting Period | Notes |
|---|---|---|---|
| First-time offense | Yes | 3 years after sentence completion or 3 years since being charged with a new crime | Must have no pending charges |
| Multiple offenses | Yes | Same as above | Individuals can seal up to 2 prior offenses |
| Violent Offenses | Yes | Same as above | The law only provides for violent felonies that cannot be sealed |
Long-Term Consequences of a Class A Misdemeanor Conviction
Although less severe than felonies, Class A misdemeanor offenses result in significant, long-term consequences that extend beyond the statutory penalties. Having a misdemeanor on one's criminal record often creates challenges in obtaining or maintaining employment. While public employers are restricted from inquiring about an applicant's criminal history, private employers and licensing boards are not subject to this rule. These entities may conduct criminal background checks and factor that information into their hiring and decision-making processes.
Other areas misdemeanor convicts may experience difficulties in include:
- Housing
- Immigration opportunities
- Education
- Family and custody rights
What to Do if You’re Charged with a Class A Misdemeanor in North Dakota
Individuals charged with a Class A misdemeanor in North Dakota are expected to understand the charges against them, including the repercussions of a conviction for that crime. This can be done by thoroughly researching the laws relevant to the case, including the North Dakota Rules of Criminal Procedure, North Dakota Rules of Court, and North Dakota Rules of Evidence. Interested individuals may also consult the state’s Sealing Criminal Records Research Guide for additional insights.
Defendants are expected to:
- Attend every scheduled hearing on time.
- Test the connection to the hearing software before the hearing begins (applies to remote hearings).
- Conduct themselves appropriately during the trial/hearing.
While a criminal defendant can represent themselves in court, it is advisable to secure professional legal representation through an experienced North Dakota criminal defense attorney for the best possible outcomes. A list of lawyers eligible to practice in the state is available on the North Dakota Court System's Lawyer Search page. Defendants unable to afford an attorney can apply to the court to obtain free legal aid from the Commission on Legal Counsel for Indigents.
Statute of Limitations for Class A Misdemeanors in North Dakota
The criminal statute of limitations in North Dakota is highlighted in Chapter 29-04 of the N.D.C.C. Per the law, the prosecution of a misdemeanor in the state must be commenced within 2 years after the date the crime was committed. For misdemeanor offenses bordering on theft under Chapter 12.1-23 of the N.D.C.C., prosecution must begin before 2 years after the commission of the last act that constitutes an element of the crime, 2 years after discovering the stolen property, or 2 years after discovering the loss of property or service, whichever is later. Nevertheless, the statute does not run during the period the defendant is out of the state.