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LawTalk, Lawyer
Category: Criminal Law
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Experience:  30 years legal experience
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My husband is a truck driver and travels to Canada on a weekly

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My husband is a truck driver and travels to Canada on a weekly basis out of South Dakota. The first time he went there - he was stopped at the border and they said he had a felony on his record from 1973 in South Dakota for forgery. He has a pass port so they left him go. That was 2 years ago. Today he was told he can't pass over again because of his record. We tried the first time to get info on this from the county courthouse it happened in. They couldn't come up with anything because it was so long ago. The border says that he needs to have it "expunged". What can we do?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  LawTalk replied 6 years ago.
Good afternoon,

I'm sorry to hear of your husband's dilemma.

Under North Dakota law, only misdemeanors, and certain felonies of minors and people over 75 years of age, are capable of being expunged. Felony convictions as an adult are not capable of being expunged in ND.

Your husband's making sure that he completed his punishment did not mean that the conviction would disappear, I'm afraid.

Under the circumstances, the only way he might have the conviction sealed would be to first seek and obtain a Pardon from the Governor of the State of ND.

I wish you and your husband the best in 2011.


Customer: replied 6 years ago.
We live in South Dakota.
Expert:  LawTalk replied 6 years ago.
Good afternoon,

I apologize for my typographical error. I intended to type SD. I researched the law of South Dakota and the answer I provided is correct as regards XXXXX XXXXX


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