Section 12-60.1-04 - Hearing on petition1. The court may grant a petition to seal a criminal record if the court determines by clear and convincing evidence:a. The petitioner has shown good cause for granting the petition;b. The benefit to the petitioner outweighs the presumption of openness of the criminal record;c. The petitioner has completed all terms of imprisonment and probation for the offense;d. The petitioner has paid all restitution ordered by the court for commission of the offense;e. The petitioner has demonstrated reformation warranting relief; and f. The petition complies with the requirements of this chapter.2. In determining whether to grant a petition, the court shall consider:a. The nature and severity of the underlying crime that would be sealed;b. The risk the petitioner poses to society;c. The length of time since the petitioner committed the offense;d. The petitioner's rehabilitation since the offense;e. Aggravating or mitigating factors relating to the underlying crime, including factors outlined in section 12.1-32-04;f. The petitioner's criminal record, employment history, and community involvement;g. The recommendations of law enforcement, prosecutors, corrections officials, and those familiar with the petitioner and the offense; and h. The recommendations of victims of the offense.3. A hearing on the petition may not be held earlier than forty-five days following the filing of the petition.4. To the extent practicable, upon receipt of a petition to seal a criminal record, the prosecutor shall notify and seek input from law enforcement, witnesses, victims, and correctional authorities familiar with the petitioner and the offense.5. This section does not prohibit a prosecutor from stipulating to seal a criminal record without a hearing or more expeditiously than provided in this section.6. An individual may not appeal a denial of a petition from a district judge or magistrate.7. An individual aggrieved by denial of a petition in a municipal court may appeal the denial to the district court for de novo review without payment of a filing fee. A petition denied by the district court may not be appealed.8. Except as provided in this section and if good cause is shown, a district court denying a petition may prohibit a petitioner from filing a subsequent petition to seal a criminal record for up to three years following the denial. The order denying the petition must provide the reasons establishing good cause for prohibiting the petition.9. If a court grants a petition to seal a criminal record, the court shall state in the court order that the petitioner is sufficiently rehabilitated but is subject to the provisions of section 12.1-33-02.1, and shall release the information when an entity has a statutory obligation to conduct a criminal history background check.Amended by S.L. 2021, ch. 99 (HB 1196),§ 3, eff. 8/1/2021.Added by S.L. 2019, ch. 103 (HB 1256),§ 1, eff. 8/1/2019.