TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: January 12, 2017
RE: Rule 19, N.D.R.Juv.P., Juvenile Records
N.D. Const. art. I, § 25(1)(r) gives victims: "[t]he right, upon request, to be informed in a timely manner of any pardon, commutation, reprieve, or expungement procedures, to provide information to the governor, the court, any pardon board, and other authority in these procedures, and to have that information considered before a decision is made, and to be notified of such decision in advance of any release of the offender."
While expungement is generally not possible in North Dakota, Rule 19 allows for the early destruction of the record in a juvenile case, including a delinquency case. Under the current language, the state's attorney must be informed of a request for early destruction. A proposed amendment to Rule 19 would allow a victim in a delinquency matter to request to be informed of the proposed early destruction of a juvenile record. The proposed amendment is attached.