Legal Question in Criminal Law in North Dakota

Back in 2004, I was charged with a marijuana paraphernelia class B misdermeanor. I took the fall for a friend who was on her last strike before she would serve hard jail time. What I thought was the noble thing at the time, I later found out is ruining my life and my family's life. I am trying to get into the army, but the recruiter will not let me in because of this charge. I tried sending a letter to the judge who handled my case, but he denied my request for expungement off my record or to at least lessen the severity of the charge. Is there anything I can do to try and get this charge off my record so I can provide a decent life for my wife and daughter?


Asked on 10/15/10, 10:24 am

1 Answer from Attorneys
Ross Brandborg Brudvik Law Office

There isn't a statute in ND allowing expungement of this charge. And I believe you were charged with a Class A Misdemeanor.

However there is a statute allowing for expungement of possession of Marijuana. And though the inherent powers of the Judiciary a lawyer could make a good argument that possession of paraphernalia should also qualify for expungement. This would required that you have not since been convicted of any crimes, and you need a lawyer to do this properly. Good Luck.

Free consultation if you want to call me.

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Answered on 10/20/10, 10:43 am


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