N.D. Cent. Code § 12.1-41-14

Current through 2024 Legislative Session
Section 12.1-41-14 - Motion to vacate and seal conviction
1. An individual convicted of prostitution or an offense listed in subsection 1 of section 12.1-41-12 which was committed as a direct result of being a victim may apply by motion to the court to vacate the conviction and seal the record of conviction. The court may grant the motion on a finding that the individual's participation in the offense was a direct result of being a victim.
2. Official determination or documentation is not required to grant a motion by an individual under subsection 1, but an official determination or documentation from a federal, state, local, or tribal agency that the individual was a victim at the time of the offense creates a presumption that the individual's participation was a direct result of being a victim.
3. A motion filed under subsection 1, any hearing conducted on the motion, and any relief granted are governed by chapter 29-32.1.

N.D.C.C. § 12.1-41-14

Amended by S.L. 2019 , ch. 103( HB 1256 ), § 2, eff. 8/1/2019.
Added by S.L. 2015 , ch. 117( SB 2107 ), § 2, eff. 8/1/2015.