North Dakota committee discusses future of sealing criminal records and digital access concerns

March 11, 2025 | Judiciary, Senate, Legislative, North Dakota


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North Dakota committee discusses future of sealing criminal records and digital access concerns
The North Dakota Senate Judiciary Committee convened on March 11, 2025, to discuss proposed legislation regarding the sealing of criminal records. The meeting highlighted concerns from various stakeholders about the implications of the bill on both digital and hard copy records.

One of the primary discussions centered on how sealed records would function in the future. Senator Castaneda raised questions about the necessity of incorporating a name search feature into the new court system to ensure that the functionality of previous systems is not lost. The response indicated that enhancements might require additional appropriations, but specifics were not confirmed.

Jonathan Byers, representing the North Dakota State's Attorneys Association, expressed significant concerns regarding the bill's language. He pointed out that the current wording could inadvertently apply to prosecution records, which would complicate the management of decades-old criminal cases stored in physical files. Byers emphasized that it would be impractical for state attorneys to sift through these records to determine which should be sealed.

Byers also suggested that the bill should clarify that sealing records applies only to individuals found not guilty of all charges, rather than allowing for the sealing of records when a person is convicted of some charges but acquitted of others. This recommendation aims to ensure that the sealing process does not erase all records associated with a case.

The committee also discussed the distinction between digital and non-digital records. Byers noted that while some records are being digitized, many will remain in hard copy form, necessitating a careful approach to how sealing laws are applied. He proposed that the bill should explicitly state that it pertains only to court electronic records to avoid confusion with prosecution records.

The meeting concluded with a call for further clarification and potential amendments to the bill to address the concerns raised by state attorneys and ensure that the legislation effectively meets its intended goals without creating additional burdens. The committee's next steps will likely involve reviewing these suggestions and considering how to refine the bill before any potential vote.

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