1.    The court shall seal an individual‘s criminal record in accordance with section 12.1-32-07.1 and 12.1-32-07.2 which relates to a conviction under section 39-08-01, if the individual:

Terms Used In North Dakota Code 39-08-01.6

  • Conviction: A judgement of guilt against a criminal defendant.
  • Individual: means a human being. See North Dakota Code 1-01-49
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • seal: includes an impression of such seal upon the paper alone as well as upon wax or a wafer affixed thereto. See North Dakota Code 1-01-38

a.    Has pled guilty or nolo contendere to, or has been found guilty of a violation under section 39-08-01 or an equivalent ordinance; and

b.    Has not pled guilty or nolo contendere to, or has not been found guilty of a subsequent violation of section 39-08-01 or an equivalent ordinance, or any other criminal offense, within seven years of the first violation under section 39-08-01 or an equivalent ordinance.

2.    This section does not apply to an individual licensed as a commercial driver under section 39-06.2-10 or to a prosecutor’s access to a prior offense for purposes of enhancement under subsection 3 of section 39-08-01 or an equivalent ordinance.

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