§ 12.1-41-14 — Motion to vacate and seal conviction

North Dakota § 12.1-41-14

• Jurisdiction: North Dakota
• Title 12.1: Criminal Code
• Ch. 12.1-41: Uniform Act on Prevention of and Remedies for Human Trafficking

Text

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.