RULE 32.1. DEFERRED IMPOSITION OF SENTENCE
An order deferring imposition of sentence for a misdemeanor must provide for withdrawal of the defendant's plea of guilty or for the verdict of guilty to be set aside, the case to be dismissed, and the file to be sealed no sooner than 61 days after expiration or termination of probation. The court may subsequently order otherwise upon motion of the state's attorney if the conditions of probation are not fulfilled.
Rule 32.1 was adopted, effective ___________________. The purpose of the rule is to provide uniformity in the processing of deferred impositions of sentence, and to prevent the disparity of treatment received by defendant's depending upon their county of venue in misdemeanor cases. See Appendix Form 8.
When deferring imposition of sentence, the judge should advise the defendant if the defendant fulfills the conditions of probation the guilty plea will be withdrawn or the guilty verdict set aside, the case dismissed, and the file sealed. See Section 12.1-32-07.1 and 12.1-03-07.2, N.D.C.C.
Dismissal may not occur until 61 days after expiration or termination of probation in order to allow 60 days for a petition for revocation of probation to be issued. See Section 12.1-32-07(7), N.D.C.C.
SOURCES: Procedure Committee Minutes of_______________________.