To: North Dakota Licensed Attorneys
From: Attorney General Wayne Stenehjem
Date: February 5, 2020
Re: Marijuana Offense Pardons - help your current and former clients
Recognizing that even minor drug offense convictions can affect a person's ability to obtain employment or housing for many years, the Pardon Advisory Board has created a short summary application form to help individuals who were convicted of certain low level marijuana offenses to apply for a Pardon with Removal of Guilt.
Anyone convicted of the crimes of possession of marijuana, possession of marijuana paraphernalia, or ingestion of marijuana, who has not plead guilty or been found guilty of another criminal offense in any state, federal, or tribal court within the previous five years, may be eligible to apply for the pardon.
The one page application form must be accompanied by a copy of the applicant's driver's license or state identification card AND the criminal judgment and the criminal information, complaint, or citation for each offense. If the case records are not available, the applicant must explain the attempts made to obtain them. The Register of Actions from the Supreme Court's website is not sufficient.
Once a pardon is granted, the record of your client's convictions for those offenses will be amended on both the public court record and the criminal history record to show the Pardon. Because the Pardon includes a removal of guilt, your client will be able to respond "No" to questions asking if they have been convicted of those offenses.
The Pardon Advisory Board meets in April and November, and this form must be received 90 days before the Pardon Advisory Board convenes, which is early August for the November meeting and early January for the April meeting.
The North Dakota Pardon Advisory Board Application to Pardon Eligible Marijuana Offenses (SFN 61663) is available online at https://www.docr.nd.gov/parole-pardon-boards.
I encourage you to contact eligible current and former clients to suggest they submit a summary application form.
STATE OF NORTH DAKOTA
OFFICE OF ATTORNEY GENERAL
600 E BOULEVARD AVE DEPT 125
BISMARCK, ND 58505-0040
(701) 328-2210 FAX (701) 328-2226