North Dakota House Bill HB1130

North Dakota 2023-2024 Regular Session

• Introduced: 1/3/23
• Refer: 1/3/23
• Report DNP: 1/10/23

Caption

The sealing of a criminal record.

Impact

The proposed changes under HB 1130 have significant implications for individuals who have committed misdemeanor offenses classified under disorderly conduct. By allowing for the sealing of records, the bill aims to enhance the opportunities for rehabilitation and reintegration into society. The legislative intent behind this bill considers how accessible criminal records can severely limit an individual's ability to seek employment, housing, and other essential services. This legislative effort acknowledges the sometimes punitive impact of having a criminal record on individuals long after their sentence has been served.

Summary

House Bill 1130 aims to amend and reenact section 12.1-31-01 of the North Dakota Century Code, specifically pertaining to the sealing of criminal records. The primary focus of this bill is to provide individuals convicted of a first offense under the section with an opportunity to have their court records sealed. This sealing is contingent on the individual not being convicted of another offense under the same section within a five-year timeframe following their initial conviction. The bill sets forth a clear process regarding the sealing of records, potentially alleviating future challenges individuals may face due to past convictions.

Contention

However, the bill does face contention surrounding the provisions and implications of sealing these records. Law enforcement and some public safety advocates raise concerns that sealing records could hinder the ability to access critical information, thereby complicating law enforcement efforts. There is apprehension that such measures may inadvertently protect repeat offenders by making it challenging for authorities to track prior convictions. The balance between individual privacy and public safety remains a critical point of discussion in evaluating the bill's overall acceptability and effectiveness.