Felonies, Misdemeanors, and Infractions in North Dakota

North Dakota classifies criminal offenses into three categories. Chapter 12.1-32 of the North Dakota Century Code categorizes criminal offenses into three categories:

• Felonies
• Misdemeanors
• Infractions.

Felonies in North Dakota refer to criminal offenses whose penalties include more than one year of imprisonment in State prisons. North Dakota state laws further divide felonies into classes based on their severity. Under North Dakota's penal law, felonies are classified as Class AA, A, B, and C offenses. Beyond prison terms, the penalties for felonies in North Dakota may also include fines (whose amount depends on the felony class). However, North Dakota law prescribes statutes of limitations that restrict the time for filing criminal cases in the state.

What is a Felony in North Dakota?

Felonies constitute the most serious type of crime in North Dakota and incur heavy penalties, including life imprisonment and substantial fines. North Dakota state laws divide felony crimes into four classes based on severity and unique circumstances.
The four felony classes and their respective penalties are:

• Class AA felony - This class of felony contains the most severe crimes under North Dakota's criminal code. Conviction for a Class AA offense may result in life imprisonment, with or without an opportunity for parole
• Class A felony - This Class of felony contains the next most serious crimes. The penalties for Class A felonies include up to 20 years imprisonment, in addition to a maximum fine of $20,000.00
• Class B felony - The penalty for Class B felonies in North Dakota is 10 years imprisonment, plus up to $20,000.00 fine
• Class C felony - This is the least severe felony level. The penalty for this class includes a maximum of five years imprisonment and fines of up to $10,000.

What are some examples of felonies in North Dakota?

North Dakota classifies felonies into four classes, each containing crimes of different severity. Examples of crimes under the various classes of Felonies in North Dakota include:

Class AA Felonies

• Murder (intentional homicide)
• Continuous sexual abuse of a child
• Gross sexual imposition (in cases where the victim is below the age of 12 or sustains serious injury)
• Felony murder

Class A Felonies

• Kidnapping
• Manslaughter
• Trafficking of large quantities of controlled substances
• First-degree arson

Class B Felonies

• Robbery
• Burglary of a dwelling
• Possession with the intent to deliver a certain amount of controlled substances

Class C Felonies

• Theft of property or services valued over $1,000.00 but less than $10,000.00
• Assault on a peace officer
• Aggravated reckless driving causing injury
• Forgery.

Can I get a Felony Removed from a Court Record in North Dakota?

Expungement of felony records is rare in North Dakota. Instead of expungement, the state permits sealing of felony records in certain circumstances. Expungement of felony records in North Dakota is limited to wrongful arrests, DNA records, or certain juvenile matters.
Sealing of felony records in North Dakota restricts these documents from public viewing. However, they are still accessible to law enforcement, courts, and licensing agencies. In North Dakota, individuals can petition for the sealing of eligible non-sex-related records if they:

• Complete the sentences for their offenses
• Observe a 10-year waiting period
• Have no subsequent convictions during the waiting period.

After a petition, sealing of a felony record is at the discretion of the court, and judges consider:

• The nature and severity of the underlying offense
• The time passed after the offense and rehabilitation
• If the offender's benefits from sealing outweigh the public's presumption of openness of the criminal record.

Is Expungement the Same as Sealing Court Records in North Dakota?

No, expungement is not the same as sealing in North Dakota. Expungement completely erases records from all government repositories or databases. In contrast, sealing court records only removes them from public view; eligible entities can still view these documents.

Sealing a court record requires the intending petitioner to obtain a criminal history record before filing a petition with the court and the state attorney’s office. However, expungement only requires the petitioner to file a motion to vacate the court record.

There are also different prerequisites for expungement and sealing processes. For instance, an individual may be eligible to seal a criminal record if:

• There are no charges
• There are no new charges after five years of being convicted of a felony.

In addition, offenders must wait at least 5 years after completing the sentence for non-violent felony or those that do not involve violence or intimidation to petition for sealing. Felony offenses involving violence or intimidation result in a 10-year waiting period.

How Long Does a Felony Stay on Your Record in North Dakota?

In North Dakota, felonies remain on record indefinitely. However, offenders can petition the court to seal or expunge the record after a specific timeframe. Depending on the offense, owners of felony records are required to wait at least 5 years after completing their sentences before petitioning for the sealing of their records.

What is a Misdemeanor in North Dakota?

Misdemeanors in North Dakota are criminal offenses that carry less severe penalties than felonies. A misdemeanor conviction may result in no more than 1 year imprisonment and fines of $3,000.00 or less.

Unlike some U.S. states, North Dakota’s system categorizes misdemeanors into Class A and Class B. This classification depends on the severity of the offense and its unique circumstances. For instance, driving under the influence of alcohol or drugs is a class B misdemeanor offense. However, it is a class A misdemeanor if a minor was present in the vehicle while an adult was driving under the influence.

According to Chapter 12.1-32-01 of the North Dakota Century Code, misdemeanor charges carry the following penalties:

• Class A misdemeanor - No more than 365 days in prison, with a potential fine of up to $3,000.00.
• Class B misdemeanor - A maximum of thirty days in prison, plus up to $1,500 fine.

Under North Dakota laws, judges can elevate misdemeanor offenses to enhanced felonies. Such offenses become felonies based on aggravating factors, such as:

• Bodily harm
• Previous conviction
• The victim’s age
• The amount of damage.

For instance, stalking (which is a class A misdemeanor) can become a class C felony if the offender has a previous conviction relating to the same victim.

What are some Examples of Misdemeanors in North Dakota?

North Dakota considers misdemeanors as offenses that are less serious than felonies but more severe than infractions. These offenses are in two classes (A and B), and their examples include:

Class A Misdemeanors

• Simple assault
• Theft of property valued between $500.00 and $1,000.00
• First or second offense DUI
• Possession of a small amount of marijuana (under 500 grams, depending on previous record)
• Carrying a concealed weapon without a permit
• Criminal trespass into a dwelling

Class B Misdemeanors

• Disorderly conduct
• Driving under suspension (DUS)
• Minor in possession of alcohol
• Petty theft
• Criminal mischief (low-value property damage)
• Public intoxication.

Can I Get a Misdemeanor Removed from a Record in North Dakota?

In North Dakota, a conviction record (including misdemeanors) can be sealed but not permanently destroyed if the owner satisfies the conditions of § 12-60.1-02 of the North Dakota Century Code. Individuals can petition for the sealing of their misdemeanor records in North Dakota at least three years after completing the sentences for their offenses, do not have new convictions within their waiting periods, and the sealing of their records serves the interest of justice.
Sealing of misdemeanors in North Dakota excludes:

• Sex offenses requiring registration
• Violent crimes involving firearms or intimidation (while firearm restrictions apply)
• DUI convictions
• Offenses that are not eligible under North Dakota laws.

Can a DUI Be Expunged in North Dakota?

Yes, North Dakota allows the sealing of DUI records. DUI convicts can petition municipal or district courts responsible for their convictions to seal their records if they are eligible. The court may grant the petition if the offender has only one conviction for a DUI and observes a 7-year waiting period.

How Can I Seal DUI Records in North Dakota?

Sealing a DUI record in North Dakota is a formal process that removes the information from public viewing. This involves a multi-step process outlined in Chapter 39.08, Section 01.6 of the North Dakota Century Code. Individuals who intend to seal their DUI records in North Dakota should:

• Confirm Eligibility for sealing DUI records. To be eligible for sealing in North Dakota, a DUI record must not be linked to a commercial license, the owner of the record must not have any subsequent violation, and must have a clean record for seven years before the petition
• Gather all supporting documents and draft a petition for expungement. This should include:
  • Full name, aliases, and addresses since the offense date
  • Complete criminal history in all jurisdictions
  • Reasons justifying the sealing of the record (for instance, rehabilitation of the offender)
• File the petition with the Clerk of Court of the appropriate Municipal Court or District Court
• Send copies of the petition to the city prosecutor or State Attorney's Office, depending on whether the DUI is charged as a municipal ordinance violation or felony DUI, aggravated DUI, or outside the city limits
• Wait for the court to review the petition and come to a decision
• If the court approves the petition, it will order relevant agencies to seal the records.

What Constitutes an Infraction in North Dakota?

Infractions constitute North Dakota's least serious offense class; they include violations of administrative regulations, municipal code, and traffic laws.
Unlike felonies and misdemeanors, these offenses carry prison terms. Most infraction convictions require offenders to pay court-mandated fines or complete community service. In North Dakota, Municipal Courts generally oversee these infraction cases. North Dakota law sets a maximum fine of $1,000.00 for an infraction. A court may classify repeat infractions within the same year as a Class B misdemeanor.

What are some examples of Infractions in North Dakota?

Infractions refer to the lowest-level offenses in North Dakota. Infractions in North Dakota include:

Traffic Infractions

• Speeding
• Failure to wear a seatbelt
• Failure to yield
• Texting while driving
• Failure to signal a turn or lane change

Non-traffic Infractions

• Underage drinking
• Littering on public or private property
• Fishing or hunting violations
• Violation of local ordinances
• Minor in possession of tobacco or vaping products.

Can Infractions be Expunged from a North Dakota Criminal Court Record?

Yes, you can seal infraction convictions or charges by filing a petition with the municipal court that handled the specific case. To seal infractions in North Dakota, send a petition to the Clerk of the Municipal Court (this should include the name of the petitioner and the reason for the petition). The court will consider the severity of the crime and payment of fines when reviewing the petition.

What is Deferred Adjudication in North Dakota?

North Dakota does not use the formal term “deferred adjudication”. In North Dakota, deferred adjudication refers to Deferred Imposition of Sentence (DIS). This allows eligible individuals to avoid prison terms after convictions for offenses within the state.

According to § 12.1-32-02(4) of the North Dakota Century Code, upon conviction, the court, by its discretion, may place an individual on probation instead of incarceration. If the offender agrees to supervision, makes restitution (if applicable), and completes a program, the court may dismiss the charges as if they never existed. The defendant can immediately petition for the sealing of the conviction record. However, the guilty plea is on record and is admissible in any subsequent legal proceedings.

Types of Crimes Eligible for Deferred Adjudication in North Dakota

In North Dakota, eligibility for Deferred Imposition of Sentence depends on the type of crime. North Dakota does not permit DIS for Class AA felonies, sexual crimes, and repeat offenses. To be eligible for Deferred Imposition of Sentence in North Dakota, an offender must plead guilty to a misdemeanor or low-level felonies (Class B or C), or must be a juvenile or youthful offender. Crimes eligible for North Dakota's DIS include:

• Shoplifting/Theft of property
• Disorderly conduct
• Simple assault (non-domestic and with non-serious injury)
• Forgery or check fraud (first offense, and with low value)
• Burglary of an unoccupied structure
• Theft of property (mid-value).