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HB 1364

Crimes and punishments; sexual obscenity; making certain acts unlawful; effective date.

2025 Regular Session Introduced by Jerry Alvord and 1 co-sponsor

Allows dismissal and sealing of misdemeanor DUI cases after completion of approved treatment programs, and removal of the conviction from driving records where permissible.

Approved by Governor 05/05/2025
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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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