Felonies, Misdemeanors, and Infractions in North Dakota

Per the North Dakota Century Code 12.1-32-01, criminal offenses are broadly divided into three classes: felonies, misdemeanors, and infractions. North Dakota state laws further divide these offenses into classes based on the offense type and severity. For instance, felonies are classified as class AA, A, B, and C offenses. Each offense comes with a state-recommended penalty, from imprisonment to the payment of fines.

What is a Felony in North Dakota? 

Felonies are the most severe type of crime and may incur heavy penalties, such as life imprisonment and huge fines. Note that felonies are different from misdemeanors and infractions, which carry less severe penalties. According to North Dakota state laws, felony crimes are divided into four classes based on severity and unique circumstances. The four felony classes and their respective penalties include:

• Class AA felony: It carries a maximum penalty of life imprisonment with or without an opportunity for parole.
• Class A felony: Offenders convicted of this offense may get a maximum penalty of 20 years imprisonment or pay fines up to $20,000.
• Class B felony: This offense comes with a maximum ten-year jail term or fines up to $20,000.
• Class C felony: It comes with a maximum of five years imprisonment or fines up to $10,000.

Note: Felony convictions may result in a loss of certain rights. Per 12.1-33-0, persons convicted of a felony do not have the right to vote or contest for a public position while serving time for the offense.

What are some examples of felonies in North Dakota? 

In North Dakota, the following offenses are categorized as felonies:

• Murder
• Rape
• Sex trafficking
• Armed robbery
• Sexual imposition
• Kidnapping
• Perjury.

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

Yes, the North Dakota court system permits the expungement of certain felonies from North Dakota criminal court records. Per the court system, offenders can expunge the following felony offenses:

• Convictions as a result of being a victim of sex trafficking (Chapter 19-03.1)
• Felony convictions concerning a juvenile or delinquent (Section 27-20.2-25)
• A conviction for possessing less than one ounce of marijuana.

You can expunge eligible felony records by filing a petition with the district court that passed the conviction. The court will review the petition and determine whether to grant or deny the petition. For instance, the court may consider if the petitioner has completed the court-mandated sentence or program before granting the petition. Inputs from case prosecutors may also play a crucial role in the court’s decision.

Note: Expungement does not remove criminal information from an individual’s criminal history records. 

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

Expungement is different from sealing in North Dakota. Expungement is a process for completely erasing records from all government-maintained repositories or databases. In contrast, sealed court records are only removed from public view; eligible entities can still view the sealed records.

To seal a court record, requesters must first obtain a criminal history record before filing a petition with the court and 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 these processes. For instance, you are eligible to seal criminal records if:

• There are no charges, and it is more than three years after being convicted of a misdemeanor.
• There are no new charges after five years of being convicted of a felony.

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

In North Dakota, felonies remain on record indefinitely. However, you can petition the court to seal or expunge the record after a specific timeframe. To seal felony records, you must wait for five years after completing the court sentence or program.

What is a Misdemeanor in North Dakota? 

Misdemeanors in North Dakota are criminal offenses that carry less severe penalties in comparison to felonies. Persons charged with a misdemeanor may face less than 365 days in jail or pay fines below $3,000. North Dakota state courts may issue a probation program in lieu of a jail sentence. 

Unlike Arizona and some US States, North Dakota’s court system classifies misdemeanor charges into class A and B misdemeanors. The classification is based on the crime severity and 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 the N.D. Century Code 12.1-32-01, misdemeanor charges carry the following penalties:

• Class A misdemeanor may incur a maximum penalty of 365 days in jail or up to $3,000 in fines.
• Class B misdemeanor carries a maximum penalty of thirty days in jail or fines up to $1,500.

North Dakota state laws enable the court to transform misdemeanor offenses into enhanced felonies. Such offenses become felonies based on bodily harm, prior conviction, victim’s age, and the amount of damage. A conviction for stalking, which is a class A misdemeanor, can become a class C felony if the offender has a prior conviction involving the same victim.

What are some Examples of Misdemeanors in North Dakota?

Examples of misdemeanors in North Dakota include:

Class A misdemeanors

• Leaving the scene of an accident that involves a personal injury (N.D. Cent. Code 39-08-04)
• Driving under the influence while a minor is present (N.D. Cent. Code 39-08-01.4)
• The sale of alcoholic beverages to persons under 21 years old (N.D. Cent. Code 5-01-08)
• Resisting arrest or hindering law enforcement officers (N.D. Cent. Code 12.1-08-02)
• Violation of a restraining order (N.D. Cent. Code 12.1-31-01)

Class B misdemeanors

• Altering or reproducing a driver’s or operator’s license (N.D. Cent. Code 39-06-40.1)
• Possession or the sale of alcohol vaporizing devices (N.D. Cent. Code 5-01-18)
• Criminal trespass of an occupied structure
• Simple assault.

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

Yes, you can expunge or seal misdemeanor charges or convictions from your record in North Dakota. Note that offenders must fulfill the set requirements for performing these actions. For example, you can seal a misdemeanor offense three years after completing the court sentence. The state laws also enable the expungement of specific misdemeanor convictions. Offenders can expunge criminal convictions for possession of less than one ounce of marijuana.

Certain misdemeanor charges or convictions cannot be removed from your records. North Dakota laws prevent the sealing or expungement of sex-related crimes that require the offender to register as a sex offender. In addition to this, offenders cannot seal misdemeanor charges that involve minors.

Can a DUI Be Expunged in North Dakota? 

North Dakota statutes allow the sealing of DUI criminal records. Persons convicted of a DUI can seal their record by petitioning a municipal or district court. The court may grant the petition if the offender has only one conviction for a DUI charge. Offenders can seal a DUI offense if it is more than seven years after a conviction for an equivalent municipal offense.

How Can I Seal DUI Records in North Dakota?

Per the N.D. Cent. Code 12-60.1-03, you can seal DUI offenses via these steps:

1. Create a petition that includes these details:
   1. The petitioner’s name or aliases are used at any time.
   2. The petitioner’s addresses from the offense date until the date of the petition
   3. Reasons why the court must grant the petition
2. Include a copy of your criminal history record. Petitioners can obtain the record from the Attorney General’s Bureau of Criminal Investigations.
3. File the petition with the municipal or district court where the case was filed.

Upon getting the petition, the court will review and grant or deny the request. The court may not schedule a hearing date for DUI expungement petitions.

What Constitutes an Infraction in North Dakota? 

In North Dakota, infractions are the least serious offense and may include violations of administrative regulations, municipal code, and traffic laws. Unlike felonies and misdemeanors, infractions do not carry harsh penalties, such as imprisonment. Most infraction convictions result in the offender paying court-mandated fines or completing community services. The municipal court generally oversees infraction cases where the offense was documented.

There are no classes or categorizations of infraction offenses in North Dakota. That being said, the state laws set a maximum penalty of $1,000 for infraction cases. Per state law, infractions repeated within the same year may be classified as a class B misdemeanor.

What are some examples of Infractions in North Dakota?

In North Dakota, examples of infractions include the following:

• Underage drinking, purchase, or possession of alcoholic beverages 
• Unlawful parking
• Violating a notary certificate (N.D. Cent. Code 39-04-17)
• Failure to stop before crossing a roadway (N.D. Cent. Code 39-29-09(2b))
• Operating an unsafe vehicle (N.D. Cent. Code 39-21-46(2))

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 case. However, the state laws prevent the expungement of infractions. 

To seal infractions, you must send a petition that includes the petitioner’s name, reasons for sealing the record, criminal history record, and address. The court will review the petition and consider factors such as the crime severity and pending or paid fines.