39-08-01.6. Criminal record - Seal - Exception.
136 words·~1 min read·
/nd/title-39/chapter-39-08-regulations-governing-operators/39-08-01-6·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. The court shall seal an individual's criminal record in accordance with sections
12.1-32-07.1 and 12.1-32-07.2 which relates to a conviction under section 39-08-01, if
the individual:
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.