North Dakota Class B Misdemeanors

North Dakota's Century Code (N.D.C.C.) Chapter 12.1-32.01 organizes offenses into seven classes, which establishes the seriousness of the crime and its corresponding penalties. These classifications range from felonies (Class AA, A, B, and C) to the less severe categories of misdemeanors (Class A and Class B), and then infractions.

A Class B misdemeanor sits within the misdemeanor category, and courts impose a maximum penalty of 30 days imprisonment, a fine of $1,500, or both, upon conviction. These misdemeanor offenses contrast sharply with felonies, which subject offenders to substantial prison time (for example, a Class C felony carries a maximum of 5 years imprisonment).

Understanding these distinctions is crucial, as classification determines the legal consequences, including the maximum sentence and specific court processes. For instance, felony trials employ a 12-person jury, while most misdemeanor cases, including Class B, typically utilize a jury consisting of 6 qualified jurors. Individuals seeking North Dakota court case information, including criminal and municipal records, can access North Dakota Criminal Court Records.

Common Examples of Class B Misdemeanors in North Dakota

Class B misdemeanors in North Dakota encompass a range of offenses, with specific factors often determining the final classification and penalty. Typical examples include:

• Disorderly Conduct: This includes fighting, making unreasonable noise, using abusive or obscene language in a public place, or persistently following a person with the intent to harass, annoy, or alarm someone else (N.D.C.C. Chapter 12.1-31).
• Theft (First Offense): Theft of property or services valued at $1,500 or less, specifically if the offense was committed by shoplifting. This lower classification applies if the theft was not committed by threat or deception in a confidential relationship (N.D.C.C. Chapter 12.1-23).
• Property Damage/Criminal Mischief: Criminal mischief generally constitutes a Class B misdemeanor, unless the loss exceeds $100 or the actor acted recklessly or intentionally to cause greater pecuniary loss, which would elevate the charge (N.D.C.C. Chapter 12.1-21).
• Fire-Related Negligence: Starting a fire in a place of public abode, such as a hotel or motel, that endangers life or property (N.D.C.C. Chapter 12.1-21).
• Tampering with Alarms: Tampering with, disabling, or falsely sounding a fire alarm in a public space (N.D.C.C. Chapter 12.1-21).
• Key Duplication: Unauthorized duplication or making of a key marked "Do Not Duplicate" or similar wording (N.D.C.C. Chapter 12.1-23).

Statute of Limitations for Class B Misdemeanors in North Dakota

N.D.C.C. Chapter 29-04 establishes that prosecutors must commence charges for a Class B misdemeanor within 2 years following the crime's commission. It also states that prosecution formally commences when authorities file a uniform complaint and summons, a complaint, or an information, or when a grand jury returns an indictment.

Specific misdemeanor categories, such as those related to theft (N.D.C.C. Chapter 12.1-23), utilize different time limits. Authorities indicate that prosecution must commence within the later of two years after the final act constituting an element of the offense, two years after the victim discovers the stolen property, or two years after the victim discovers the loss of the property or services. Many common Class B misdemeanors, including a first or second DUI offense within 7 years, fall under the general 2-year rule.

In contrast, officials must typically commence felony prosecutions within 3 years of commission.

Legal Penalties for Class B Misdemeanors

According to N.D.C.C. Chapter 12.1-32-01, a conviction for Class B misdemeanor in North Dakota subjects an individual to a maximum penalty of 30 days imprisonment, a fine of $1,000, or both. For an organization, the maximum fine is significantly higher, set at $20,000 (N.D.C.C. Chapter 12.1-32-01.1).

Courts have broad discretion when imposing a sentence, which may include one or a combination of alternatives:

• Restitution for damages resulting from offenses (N.D.C.C. Chapter 12.1-32-02)
• Payment of reasonable costs of prosecution.
• Probation, which for a Class B misdemeanor cannot exceed 360 days of supervised probation. Mandatory conditions of probation often include performing community service or other assigned work.
• Commitment to an appropriate licensed institution for treatment of alcoholism, drug addiction, or mental disease.

Beyond the immediate sentence, the court may defer imposition of sentence (N.D.C.C. Chapter 12.1-32-02). If the defendant completes probation during this period, the court may dismiss the charge, which releases the individual from all penalties and disabilities resulting from the offense (N.D.C.C. Chapters 12.1-32-07.1 & 12.1-32-07.2). However, conviction information generally cannot be expunged from a criminal history record.

Court Process for Class B Misdemeanors

The court process for a Class B misdemeanor generally begins when an officer issues a uniform complaint and summons or makes an arrest. According to Rule 5 of the North Dakota Rules of Criminal Procedure, the arrested person must appear before a magistrate for an initial appearance without unnecessary delay. At this stage, the magistrate informs the defendant of the charge, their right to remain silent, and their right to counsel and a jury trial for a misdemeanor. The defendant does not enter a plea during this initial phase.

The next formal step is the arraignment (Rule 10 of the North Dakota Rules of Criminal Procedure), which aims to inform the accused of the charge and obtain a plea from the accused. During the arraignment, the court reads the charge and asks the defendant to enter a plea of guilty or not guilty. If the defendant pleads not guilty, the case moves toward trial, typically before a 6-person jury for misdemeanor cases.

Following a guilty plea or conviction, the court proceeds to sentencing (Rule 32 of the North Dakota Rules of Criminal Procedure). Individuals should note that procedures may vary depending on local court rules.

How Class B Misdemeanors Affect Your Criminal Record

The long-term effect of a Class B misdemeanor conviction depends significantly on North Dakota's dual record-keeping system. The North Dakota Attorney General clarifies that while District Courts maintain court records, criminal history records remain with the Bureau of Criminal Investigation (BCI). When an individual is found guilty of an offense, that conviction cannot be expunged from the BCI criminal history record, regardless of how much time has passed. This permanent record impacts future opportunities through background checks.

Authorities report that a conviction will perpetually appear on a general public record check, often utilized by prospective landlords and private employers. For mandated regulatory or licensing record checks, all convictions and charges remain visible indefinitely.

However, N.D.C.C. Chapter 12-60.1-02 permits certain options for relief. An individual convicted of a misdemeanor may petition the court to seal their court record after 3 years, provided there is no new conviction. Furthermore, if the Governor grants a pardon with removal of guilt, the conviction is essentially wiped, allowing the person to confirm they were not convicted of the offense.

Differences Between Class B Misdemeanors and Other Offenses

N.D.C.C. Chapter 12.1-32 defines a Class B misdemeanor as an offense carrying statutory penalties significantly less severe than those applied to higher criminal classifications. It clearly establishes that the maximum penalty for an individual convicted of a Class B misdemeanor is 30 days of imprisonment, a fine of $1,500, or both.

Compared to a Class B misdemeanor, a Class A misdemeanor involves a greater level of seriousness, subjecting an individual to a maximum of 360 days of imprisonment and a potential fine of $3,000. Felonies escalate the consequences further, with the lowest felony classification mandating up to 5 years in prison and a maximum fine of $10,000.

Furthermore, the scale of penalties for organizations is more severe than that for individuals. A conviction for a Class B misdemeanor results in a maximum fine of $20,000, while a conviction for a Class A misdemeanor carries a maximum fine of $30,000.

How to Check for Class B Misdemeanors in Court Records

When searching for information regarding a Class B misdemeanor, interested persons must navigate the dual recordkeeping systems maintained by North Dakota agencies.

The North Dakota Supreme Court supports the public's general access to judicial (court) records. Individuals can typically begin this search by performing an electronic search on the District Court's public access system, where they may search by defendant's name, case number, or citation number. This online resource retrieves criminal, traffic, and civil cases from across the state, although restricted case details remain confidential.

For local or in-depth inquiries, the North Dakota Courts advise directing a request to the clerk of court in the appropriate county, as the clerk serves as the official custodian of these records. For a formal, written verification concerning a record, a request must comply with Administrative Rule 47, which specifies that the query must be submitted in writing and typically requires a fee for each name and type of record searched.

Beyond court records, prospective employers and private organizations often rely on the criminal history records maintained by the BCI. These specialized checks are more detailed than regular searches and permanently reflect all North Dakota convictions, regardless of age or the passage of time.

Can a Class B Misdemeanor Be Expunged or Sealed in North Dakota?

Yes. In North Dakota, clearing a class B misdemeanor record involves navigating distinct state systems, since the law governing expungement and sealing differs significantly. Expungement, the deletion and destruction of records, is only available in limited circumstances, such as specific marijuana offenses or records resulting from unconstitutional arrests. However, individuals convicted of a misdemeanor offense may petition the court to have their records sealed. To be eligible for sealing, the individual must generally demonstrate that they have not been convicted of a new crime at least 3 years before filing the petition.

Critically, sources emphasize that successfully sealing the court record does not remove the information from the separate criminal history record maintained by the BCI. A conviction remains on regulatory or licensing record checks for an indefinite period. Obtaining a pardon, which removes guilt, is the singular exception, as it legally wipes the conviction, allowing the person to assert they were not convicted of the offense.

Clearing a record through either sealing or a pardon helps release individuals from the resulting penalties and disabilities.