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North Dakota

State Resource Guide

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The Post-Conviction Process

Click on the underlined links to view more information. 

To help you better use this state-by-state resource, here is a glossary of terms used throughout this site.

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal Habeas Corpus

Early Release Programs

Clemency

Victims have rights throughout this whole process. Click here to learn more.

A criminal case may not go through each stage included in this visual representation, or these stages may occur in a different order than they appear in this graphic. Additionally, some cases may go through these stages several times. Each case is unique, and this chart is intended only as a visual aid to help victims and survivors understand the post-sentencing process.

Post-Sentencing Review

After an individual accused of a crime has been convicted and sentenced, they may file motions in the trial court to challenge their conviction or sentence.
  • These can include motions to arrest the judgment, to withdraw the plea, to be resentenced, or for a new trial based on new evidence or legal errors in the proceedings. In certain situations, the prosecution may file a motion for resentencing.
  • Victims can receive information about post-trial motions from the State’s Attorney’s Office where the case was prosecuted.

Direct Appeal

After any post-sentencing motions are decided by the court (or if no post-sentencing motions are filed), an individual convicted of a crime may ask a higher court to review the trial court’s and jury’s decisions. This is called a “direct appeal.”
  • On appeal, the court does not admit new evidence or call witnesses but instead reviews what happened in the trial court. If the convicted person pursues an appeal, they may ask to be released while it is pending.
  • The State Attorney’s Office that prosecuted the case represents the state on direct appeal. To receive appeal updates, victims can contact the State’s Attorney’s Office where the case was prosecuted.

State Post-Conviction Motions

Post-conviction motions are requests to have the conviction or sentence reviewed that are filed after the direct appeal process has ended.
  • These motions can seek many outcomes, including invalidation of the conviction, a reduced sentence, or permission from the court for that individual to view or find additional information relevant to the case – such as new DNA testing.
  • The State Attorney’s Office that prosecuted the case represents the State in state post-conviction proceedings. To receive updates on the state post-conviction process, victims can contact the State’s Attorney’s Office where the case was prosecuted.

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under North Dakota law may go to federal court in a process called “habeas corpus.”
  • Relief in federal habeas corpus is available only in specific and rare circumstances. Issues often raised in federal habeas cases include claims that the convicted person had an inept attorney, claims that police or prosecutors violated their rights, hid evidence, or committed other misconduct.
  • The North Dakota Attorney General represents the State in federal habeas corpus proceedings. To receive updates, victims can contact the State’s Attorney’s Office where the case was prosecuted.

Early Release Programs

These programs can include parole, medical release, or earning “credits” or “meritorious conduct sentence reductions” in prison.
  • If someone is sentenced to a term of imprisonment, they may be released from prison earlier than expected through several programs available in North Dakota, including parole, medical release, or earning “credits” for good behavior or participation in vocational, rehabilitative, educational or other programs or “meritorious conduct sentence reductions” for outstanding performance in prison programs or heroic acts.
  • Victims can track the status of an incarcerated person via the Corrections and Rehabilitation’s Resident Lookup. Victims can register for automated notifications about parole, pardon, release, death, or escape through the North Dakota SAVIN / VINELink website or by calling 1-866-631-8463. For additional assistance, victims can contact the North Dakota Corrections and Rehabilitation Victim Services Program by calling 701-328-6183 or by email.

Clemency

In rare cases, the governor may grant the convicted person relief from their conviction or sentence.
  • The governor can grant clemency to people convicted under North Dakota law. The Pardon Advisory Board supports the governor in this work. Clemency typically takes the form of a pardon (which forgives a conviction), a commutation (which shortens a person’s sentence), a reprieve (which temporarily delays a person’s sentence), or a remission (which reduces or eliminates court-ordered fines or forfeiture).
  • For assistance with notification of clemency, victims should contact the North Dakota Corrections and Rehabilitation Victim Services Program by calling 701-328-6183 or by email. Victims can register for automated notifications about pardons through the North Dakota SAVIN / VINELink website or by calling 1-866-631-8463

Victims Rights
Post-Conviction

In North Dakota, victims have the right to:
  • Be treated with fairness and respect for their dignity and freedom from intimidation, harassment, and abuse
  • Notification of and presence at court proceedings*
  • Timely notification of all post-judgment processes and procedures*
  • Participate in post-judgment processes and procedures*
  • Prompt and final conclusion of post-judgment proceedings
  • An explanation of the parole process and the pardon process and information about registering for notifications from the parole board and prisons
  • Notification of the temporary or final release, escape, or transfer of an incarcerated individual*
  • Be heard in any proceeding involving release, sentencing, or parole
  • Prompt return of property when it is no longer needed as evidence
  • Request restitution and apply for victims’ compensation

 

* All rights to notification require the victim to provide and update their information with the District Attorney, Attorney General, Department of Corrections, and/or the Board of Paroles and Pardons.

Compensation

  • Restitution is a court-ordered payment from the defendant to the victim to account for the victim’s economic loss. Apart from court-ordered restitution, the North Dakota Crime Victims Compensation Program reimburses victims for expenses related to the crime, such as medical bills, lost wages, and funeral costs.
  • Victims may ask for help with unpaid restitution by contacting the State’s Attorney’s Office where the case was prosecuted or by contacting the North Dakota Corrections and Rehabilitation Victim Services Program by calling 701-328-6183 or by email. Victims can apply for North Dakota’s Crime Victims Compensation Program by completing an application. This application must be filed within 1 year of the date of reporting the crime to law enforcement. For additional information and assistance, victims can contact the Crime Victims Compensation Program by phone at 701-328-6195 or by email.
Click here to learn more about the post-conviction process and victims’ rights in North Dakota

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