What is a Second Degree Felony in North Dakota?

North Dakota does not have a “second degree felony” classification. The North Dakota Criminal Code groups felonies into 4 classes, namely, class AA, class A, class B, and class C (N.D.C.C. Ch.12.1-32-01). Classes A and B felonies include crimes that would most likely be classified as second degree felonies in other states. These crimes fall between classes AA and C felonies in terms of severity, with AA being the most serious. Other types of crimes in North Dakota’s offense classification are misdemeanors (classes A and B) and infractions. Some crimes have multiple classifications, depending on the circumstances of the commission. For instance, robbery exists as classes A, B, and C felonies.

Which Crimes Are Considered Second Degree Felonies in North Dakota?

North Dakota does not have a “second degree felony” classification. The nearest equivalent to second degree felony under North Dakota’s offense classification are Class A and B felonies. Per North Dakota Century Codes (N.D.C.C.), chapter 12.1-32-01, the applicable penalties are:

• A maximum of 20 years imprisonment, a fine of $20,000, or both, for a class A felony (a maximum fine of $100,000 applies if the crime was committed by an organization)
• A maximum of 10 years imprisonment, a fine of $20,000, or both, for a class B felony (a maximum fine of $70,000 applies if the crime was committed by an organization)

Crimes that may be classified as second degree felonies are certain types of:

• Arson (N.D.C.C., Ch.12.1-21-01)
• Class A robbery (N.D.C.C., Ch.12.1-22-01)
• Kidnapping (N.D.C.C., Ch.12.1-18-01)
• Voluntary/involuntary manslaughter (N.D.C.C., Ch.12.1-16-02)
• Class A murder (N.D.C.C., Ch.12.1-16-01)
• Burglary (N.D.C.C., Ch. 12.1-22-02)
• Sexual offenses (N.D.C.C., c12.1-20)

What is Second Degree Murder and How is it Classified in North Dakota?

North Dakota law does not categorize murder in degrees. Instead, it is either a class A felony or a class AA felony. In this model, class A murder is the nearest equivalent of second degree murder. Other classifications of homicidal crimes under North Dakota law are negligent homicide (class C felony), assisting the commission of suicide (class C felony) and manslaughter (class B felony) (N.D.C.C. c12.1-16).

Under North Dakota law, a person is guilty of second degree (class A) murder if the circumstances of a class AA murder were not present during the commission of the act, which resulted from “extreme emotional disturbance for which there is reasonable excuse”. Reasonable excuse, as applicable to this subsection, is occasioned by a serious event, a situation in which the defendant was not culpably responsible, or substantial provocation. The penalties for second degree murder in North Dakota are 20 years imprisonment, a fine of $20,000, or both.

North Dakota Second Degree Felonies Penalties and Punishments

Felonies in North Dakota have varying punishments based on their classification: class AA felonies are most serious while class C felonies are the least serious. Below are penalties applicable to different felony classifications in accordance with North Dakota laws:

• Class AA: life imprisonment without parole
• Class A: maximum of 20 years imprisonment, a fine of $20,000, or both
• Class B: maximum of 10 years imprisonment, a fine of $20,000, or both
• Class C: maximum of 5 years imprisonment, a fine of $10,000, or both

Note that these are only maximum sentences, meaning that the court may award lighter sentences in the presence of mitigating circumstances. Also, the judge is statutorily required to consider factors outlined in N.D.C.C. Ch.12.1-32-04. For class B felonies and higher, the maximum probation time is 10 years (N.D.C.C. Ch.12.1-32-06.1).

Per N.D.C.C. Ch.12.1-32-09.1, violent offenders are ineligible for release from confinement on any basis until they have completed at least 85% of their sentence. Habitual sexual offenders are required to register as a sex offender. If an offender was in possession of a dangerous weapon, destructive device, firearm (without authorization), or explosive while perpetrating a class AA, class A, or class B felony, the court shall impose a minimum mandatory sentence of 4 years imprisonment. Armed offenders may only be eligible for a release program during the last 6 months of their sentence.

The table below summarizes serious felonies and their penalties based on classification:

Are Second Degree Felony Records Public in North Dakota?

Yes. Under Section 3, Rule 41 of the North Dakota Administrative Rules, judicial records are public. As such, members of the general public may obtain second degree felony records for free or any reasonable fee assessed by the custodian. Notwithstanding the provisions of this rule, a record may be unavailable for public view if it is sealed by the court or exempt by other rule or statute. Furthermore, record custodians have the right to discretionary disclosure.

Under Subsection 6, Section 3 of the aforementioned rule, the following information is not public:

• A criminal record sealed or closed under N.D.C.C. Ch. 12-60.1
• An application for a domestic violence protection order
• Except for the last four digits, financial account numbers, taxpayer identification number, and social security numbers of any person
• Investigative records
• Medical reports
• Mental health evaluation reports

How to Access Second Degree Felony Court Records in North Dakota

In North Dakota, second degree felony records are accessible through several methods, mainly remotely (online, via mail) or in person at the court. Online options include the District Court Case Search Portal and third-party aggregate databases.

• Online access: The district court case search portal contains case information for district and municipal courts in all 53 counties in the state, spanning records created from 1990 till date (depending on when a county started using the case management system). This website provides a case’s basic information, the court’s final disposition, and status (i.e., whether it is still open or closed). Users can search this database using the case information (case number) or the defendant’s full name and date of birth. Other relevant search parameters are the attorney’s name, the date filed, and citation information.
• Courthouse search: Record seekers may also request records at the district court clerk’s office in the county where a case of interest was filed. Visitors are welcome to request records during business hours and are usually required to carry a means of ID. In addition they are expected to bear case information, usually the defendant’s name and the case number to furnish the search.

Records are also available through the North Dakota Bureau of Criminal Investigation, the state’s central repository for criminal history information. Note that this agency may only release records to the person named on the record or another person with the consent of the record subject. This service costs $15.00, with a processing time of 7–10 days.

Can Second Degree Felony Charges be Reduced or Dismissed?

Rule 48 of the North Dakota Rules of Criminal Procedure allows for the dismissal of a criminal case (including second degree felony charges) by the prosecuting attorney or the court. Dismissal by the prosecuting attorney requires the defendant’s consent and the court’s approval. Grounds upon which a court can independently move to dismiss a criminal case are unnecessary delay in:

• Bringing the defendant to trial
• Presenting the pressed charge(s) to a grand jury
• Filing a summons and uniform complaint in compliance with state law; or
• Filing a complaint against a defendant for whose arrest a warrant has been issued or who has already been arrested and is in custody

Also, to have a case dismissed, the defense bears the burden of proving that there is insufficient evidence to prove guilt beyond reasonable doubt, an expired statute of limitation, or a procedural error by the court or law enforcement, barring the trial.

Sentence reduction in North Dakota is regulated by Rule 35 of the state’s Rules of Criminal Procedure. Under this rule, a court may reduce or correct a sentence if the previously issued sentence had a clear error or the sentence was illegal. Sentence reduction can also be achieved through plea bargains between the prosecution and the defense.

Under N.D.C.C. Ch.12.1-32-13.1, a person was convicted as an adult for an offense they committed before they were aged 18, they may file a motion to have their imprisonment term reduced after serving at least 20 years in custody for the offense.

Is it Possible to Expunge or Seal a Second Degree Felony or Murder Record in North Dakota?

If a person was convicted of a second degree felony or any other criminal charge, the associated record cannot be expunged. Under North Dakota law, expungement means the complete destruction and removal of a record. Second degree felony records eligible for expungement are those:

• That resulted from unconstitutional arrests
• In which the court’s final disposition was a dismissal or acquittal

If a record is expunged by the court, it only affects information maintained by the court; criminal history records maintained by the North Dakota Bureau of Criminal Investigation remain on file indefinitely. It is important to research the state laws applicable to the specific crime a person was convicted of or arrested for. Moreover, it is best to seek legal advice from an experienced criminal defense lawyer.

How Long Do Second Degree Felony Records Stay Public in North Dakota?

Unless a second degree felony court record is expunged, it remains public indefinitely. BCI criminal records also remain on file indefinitely, although access must be authorized by the record’s subject or a court. North Dakota is one of the 26 states in the U.S. that does not allow for automatic record sealing or expungement. Some states with automatic record sealing provisions are New York, California, Colorado, Connecticut, Louisiana, and Delaware. Note that automatic sealing available in these states only applies to non-violent felonies and certain misdemeanors.