Spring 2020 Gavel 268650 SBAND Gavel Magazine_web | Page 29

A Memo from the North Dakota Attorney General
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.
SPRING 2020
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