Q: How do I answer"Have you ever been convicted of a felony?" if my record is sealed, but shows up on checks?
I plead guilty on a charge because I was told that the record would be sealed after two years of probation. I should have fought it, but it was cheaper and easier to plead than to fight it. I found out later I stay in the system on background checks. My state has a clause that says if I go 5 years without committing a crime I get my rights back and I should be treated like I never committed a crime. I think that is what is showing up on the background checks. It has been almost seven years. What should I do?
A: North Dakota does not say "five years and we treat it like it never happened." Instead, North Dakota has a period in which you can petition to seal your record. If you received a deferred imposition of sentence (which would seal it after probation) and it was never sealed, then petition the court to seal the record.
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