North Dakota Deferred Imposition of Sentence

What Deferred Imposition Actually Does

A deferred imposition of sentence is one of the most powerful record-clearing tools available in North Dakota — and it works differently from the standard petition-based sealing process under Chapter 12-60.1. When a court grants a deferred imposition under N.D.C.C. § 12.1-32-02(4), the judge accepts a guilty plea or finding of guilt but delays sentencing and places the defendant on probation instead.

The payoff comes at the end. For eligible infractions and misdemeanors, if probation is completed successfully, three things happen automatically under Rule 32.1 of the North Dakota Rules of Criminal Procedure — no petition, no hearing, no filing fee required:

• The guilty plea is formally withdrawn (or the guilty verdict is set aside)
• The underlying criminal case is dismissed
• The entire court file is sealed

This automatic process kicks in 61 days after probation expires or is terminated. The 61-day window exists to give the prosecution time to file a revocation petition if needed.

How the 61-Day Automatic Timeline Works

The Joint Procedure Committee designed this mechanism to operate passively. Neither you nor the clerk of court needs to file any motions or paperwork for the dismissal and sealing to take effect on the 61st day after probation ends. It just happens.

That said, two things can interrupt the process:

The state's revocation window. Under N.D.C.C. § 12.1-32-07.1, prosecutors can petition to revoke probation during the active probation period or within 60 days after it expires. If they file within that window, the automatic withdrawal of the plea and the sealing are stayed until a judge rules on the revocation.

A court order to the contrary. A judge can explicitly order that the automatic dismissal and sealing will not apply. This must be done before the 61-day deadline — once the clock runs, the relief is automatic.

What Deferred Imposition Cannot Cover

Not every offense qualifies. Two major exclusions apply:

DUI convictions. Under N.D.C.C. § 39-08-01, a deferred imposition of sentence is explicitly unavailable for any driving under the influence or actual physical control offense. No North Dakota court has the authority to defer a DUI sentence to bypass the separate seven-year waiting period required under the DUI-specific sealing statute (§ 39-08-01.6).

Firearm restrictions survive. Under N.D.C.C. § 62.1-02-01(2), a person who successfully completes a deferred sentence for a felony involving violence or intimidation is still considered "convicted" for state firearm restriction purposes. The 10-year statutory ban on possessing firearms remains in full effect from the date of probation discharge, regardless of the automatic court dismissal and sealing.

Deferred Imposition vs. Standard Record Sealing

The distinction matters because deferred imposition is often a far simpler path to a sealed record. Standard conviction sealing under Chapter 12-60.1 requires drafting your own petition (the state provides no forms for conviction sealing), paying the $160 filing fee, serving the state's attorney, observing the 45-day minimum before a hearing, and proving rehabilitation by clear and convincing evidence. A prosecutor may stipulate to sealing without a hearing or more expeditiously.

For an eligible infraction or misdemeanor, deferred imposition skips all of that — the sealing is automatic once probation ends and 61 days pass without incident. The tradeoff is that a deferred imposition must be negotiated or granted at sentencing. If you've already been sentenced without a deferral, standard petition-based sealing under Chapter 12-60.1 is the remaining option.

What Happens After Automatic Sealing

Once the court file is sealed through a completed deferred imposition, the case should no longer appear on public court record searches. However, the BCI criminal history database is a separate system. The court-ordered sealing does not automatically remove the record from BCI's files. If your BCI record still shows the arrest or charge, you may need to contact BCI with a certified copy of the dismissal order to update your state-level criminal history.

Private background check companies may also still have cached copies of the old record in their databases. If a sealed record appears on a private background check, you have the right to dispute it under the Fair Credit Reporting Act by submitting a copy of the court dismissal order to the screening company.

If your record qualifies for deferred imposition relief, the North Dakota Expungement & Record Sealing Guide walks through how to verify your probation discharge date, confirm the 61-day timeline, and handle any complications that arise during the automatic sealing process.

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