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HB 1364

An Act providing for Public Transportation Trust Fund transfers and increases; establishing the Road and Bridge Project Fund and the Road and Bridge Project Sinking Fund; authorizing the Commonwealth Financing Authority to issue bonds for road and bridge projects; providing for allocation adjustment; establishing the Transportation Funding Advisory Commission; and imposing duties on the Department of Transportation.

2025-2026 Regular Session Introduced by Anthony Bellmon and 33 co-sponsors

The bill lets courts dismiss and seal misdemeanor DUI cases and remove the conviction from driving records after successful completion of approved drug, mental health, or veterans

Referred to Transportation
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Bill Summary · HB 1364

Summary — North Dakota HB 1364

Title: AN ACT to amend and reenact subsection 3 of section 39‑08‑01.5, N.D.C.C.
Subject: Partial suspension of sentence for drug court program, mental health court program, or veterans treatment docket completion

Purpose / Intent

The bill clarifies and expands post‑completion relief for defendants convicted of a misdemeanor DUI (section 39‑08‑01, N.D.C.C.) who are sentenced to and successfully complete an approved drug court program, mental health court program, or veterans treatment docket. Its aim is to reduce collateral consequences by dismissing the case, sealing the file, and removing related entries from the defendant’s driving record where permissible.

Key provisions

  • If a defendant convicted of a misdemeanor under N.D.C.C. § 39‑08‑01 is sentenced to (and successfully completes) a drug court program, mental health court program, or veterans treatment docket:
    • The court must dismiss the case and seal the file in accordance with N.D.C.C. § 12.1‑32‑07.2.
    • The court must issue an order to the director (department) to remove the conviction and the resulting suspension from the defendant’s driving record.
    • Removal from the driving record is not required if prohibited by federal law or other state law — the bill explicitly cites 49 C.F.R. § 383.51 (the federal regulation that governs commercial driver’s license disqualifications for alcohol/drug offenses) as an example of such a prohibition.

Who is affected

  • Primary beneficiaries: people convicted of a misdemeanor DUI (N.D.C.C. § 39‑08‑01) who complete an eligible treatment court or docket program.
  • Government actors: sentencing courts (to enter dismissal/sealing orders and transmit removal orders) and the state licensing agency/director responsible for driving records.
  • Secondary stakeholders: employers or insurers that rely on driving records, and commercial drivers — removal may be restricted for CDL‑holders under federal regulation (49 C.F.R. § 383.51).

Procedural / timeline aspects

  • Introduced: (filed) Nov. 15, 2024; legislative progress reflects floor votes (House and Senate) and enrollment.
  • Final/Effective: The enrolled/engrossed documents indicate gubernatorial approval and an effective date of January 1, 2026 (per legislative actions listed).

Implementation notes

  • The statute ties record removal to successful program completion and to the court’s obligation to both seal case files and notify the director for driving‑record correction.
  • Federal CDL rules (49 C.F.R. § 383.51) and any other controlling federal or state laws may limit the availability of driving‑record removal for certain drivers (notably commercial drivers).

Compiled from official sources — confirm details with the bill’s official record.

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