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N.D.R.Crim.P. 32.1

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Rule 32.1 Deferred Imposition of Sentence

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Rule Text

An order deferring imposition of sentence must require that, 61 days after expiration or termination of probation:

(a) the defendant's guilty plea be withdrawn, or the guilty verdict be set aside;

(b) the case be dismissed; and

The court may, by order, modify an order deferring imposition of sentence if a petition for revocation is filed no later than 60 days after expiration or termination of probation or if there is an outstanding bench warrant in the matter for which imposition of sentence was deferred.

Amendment history: (Adopted Mar. 1, 1999; amended Mar. 1, 2006, Mar. 1, 2012, Mar. 1, 2019, Aug. 1, 2021.)

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

When someone gets a deferred sentence, it means the court holds off on officially sentencing them while they complete probation. If they finish probation successfully, good things happen automatically. Within 61 days after probation ends, the court must let the person withdraw their guilty plea (or throw out the guilty verdict), dismiss the case completely, and seal the file so it's no longer part of public record.

There's an exception to this automatic process. If the state files a petition to revoke probation within 60 days after it ends, or if there's still an active bench warrant connected to the case, the court can step in and change or delay this outcome. This gives the state a chance to address any violations before the case gets wiped clean.

In short, this rule rewards people who complete probation by giving them a clean slate, but it also protects the state's ability to act if there are unresolved problems, like a violation that hasn't been dealt with yet.

Committee Notes

Rule 32.1 was amended, effective March 1, 2006; March 1, 2012; March 1, 2019; August 1, 2021.

Rule 32.1 was adopted, effective March 1, 1999. The purpose of the rule is to provide uniformity in the processing of deferred impositions of sentence, and to prevent the disparity of treatment received by defendants depending upon their county of venue in misdemeanor cases.

When deferring imposition of sentence, the judge should advise the defendant if the defendant fulfills the conditions of probation the guilty plea will be withdrawn, or the guilty verdict set aside, the case dismissed, and the file sealed.

An order deferring imposition of sentence is not a judgment. However, for purpose of appeal, an order deferring imposition of sentence is equivalent to a judgment under N.D.R.Crim.P. 32(b).

This rule does not follow Fed.R.Crim.P. 32.1, which deals with revoking or modifying probation or supervised release.

Rule 32.1 was amended, effective March 1, 2006, in response to the December 1, 2002, revision of the Federal Rules of Criminal Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.

Rule 32.1 was amended, effective August 1, 2021, to clarify that a petition seeking revocation of probation or modification of an order deferring imposition of sentence must be filed no later than 60 days after expiration or termination.

Rule 32.1 was amended, effective March 1, 2019, to delete language that made the rule applicable only in misdemeanor and infraction cases. Under the amendment, the rule applies in all cases in which an order deferring imposition of sentence was entered.

SOURCES: Joint Procedure Committee Minutes of January 28, 2021, pages 6-10; September 26, 2019, pages 19-20; April 27, 2018, pages 6-7; September 23-24, 2010, pages 23-24; January 27-28, 2005, page 29; January 29-30, 1998, pages 14-17; September 25-26, 1997, pages 8-10.

STATUTES AFFECTED:

CONSIDERED: N.D.C.C. §§ 12.1-32-02, 12.1-32-07.1, 12.1-32-07.2.

CROSS REFERENCE: N.D.R.Crim.P. Form 8 (Order Deferring Imposition of Sentence).

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