Early Destruction of Juvenile Court Records

Overview

(In 2021, the North Dakota State Legislature changed the term “Unruly” to “Child in Need of Services.”)

An individual who was the subject of a North Dakota Juvenile Court delinquency or child in need of services (also called unruly) proceeding may petition the Juvenile Court to destroy the records early when:

• The proceeding in Juvenile Court was for either a delinquent child acts or for a child in need of services (also called unruly);
  • Delinquent acts are considered crimes whether they are committed by a child or an adult.
  • A child in need of services commits offenses that only apply to children, including truancy and ungovernable behavior.
• The proceeding in Juvenile Court was handled by a judicial referee or a judge;
  • You may choose to include informal adjustments and diversions in your request.
• The individual believes there is good cause for the records to be destroyed early; AND
• The individual doesn't have any juvenile or criminal charges pending in any other court.

Forms

Review the forms and instructions carefully!

You must follow the instructions to complete the forms.

The forms and instructions can be printed out and handwritten, if desired. You can fill in the blanks of the forms listed below by typing in the requested information on your computer keyboard. Print out each form when you complete your work. The form will clear when you close it.

Motion for Early Destruction of Juvenile Court Records

• Instructions
• Notice of Motion for Early Destruction Juvenile Records
• Motion for Early Destruction Juvenile Records
• Brief to Support the Motion
• Affidavit to Support the Motion
• Proposed Findings of Fact and Conclusions of Law
• Proposed Order
• Affidavit of Service by Mail
• Affidavit of Personal Delivery
• Affidavit of Office Delivery

Selected Statutes (Laws) & Rules

Following are legal research starting points related to motions. You may need to conduct additional legal research into your legal issue.  See the Legal Research Section of this website.

• Rule 14 of the North Dakota Rules of Juvenile Procedure
• Rule 19 of the North Dakota Rules of Juvenile Procedure
• Rule 3.2 of the North Dakota Rules of Court
• Chapter 27-20.1 of the North Dakota Century Code
• Chapter 27-20.2 of the North Dakota Century Code
• Chapter 27-20.3 of the North Dakota Century Code 
• Chapter 27-20.4 of the North Dakota Century Code 

Other Resources

Following are other resources related to making a motion that may be of interest.

• Service Instructions and Forms
• Juvenile Court Webpage

If you do not understand any of this information, or if you have trouble filling out any of the forms located here, please see an attorney for help.

The information provided on and obtained from this site does not constitute the official record of the Court. This information is provided as a service to the general public. Any user of this information is hereby advised that it is being provided "as is". The information provided may be subject to errors or omissions. Visitors to this site agree that the Court is not liable for errors or omissions of any of the information provided.

If you have a question relating to a case that is already filed please contact the clerk of court for the county.