By an 89 to 2 vote, the North Dakota House has backed legislation that will seal the criminal record of a DUI offense.
House Bill 1334 allows the court to seal an individual’s DUI criminal record from public access on two conditions:
- If the individual has pled guilty or was found guilty of a criminal DUI offense, and,
- the individual has not been found guilty of any another criminal offense — DUI or otherwise — within 7 years of the first DUI violation
The legislation does not apply to a person licensed as a commercial driver.
It also doesn’t prevent a prosecutor from accessing a person’s previous DUI conviction or convictions if the person is up on another DUI offense, possibly leading to upgraded charges.
DUI is a Class A or B misdemeanor, or a Class C felony, depending on the number of DUI convictions within a specific period of time.
