The ground can feel like it’s giving way beneath you when you’re caught in the gears of the criminal justice system. A charge for something as personal as your living situation can feel like a profound violation, a judgment on your private life that now threatens to become a public spectacle. The fear is immediate and overwhelming. Suddenly, your name, your reputation, and your future are on the line. In a place like Fargo, where community ties run deep, the whisper of a criminal charge can echo loudly, impacting your relationships, your job, and your sense of security. The weight of it can be crushing, leaving you feeling isolated and unsure of where to turn as the life you knew is thrown into turmoil.
This is the moment the battle lines are drawn, and you do not have to stand alone on your side of the field. On the other side is the full force of the prosecution, armed with the resources of the state and ready to build a case against you. But in your corner is a dedicated and relentless advocate: me. My role is to be your shield and your sword, to stand firmly between you and the state, protecting your rights at every turn. I am here to dismantle the prosecution’s narrative, to challenge their evidence, and to fight for your story to be heard. Together, we will face this challenge head-on, ensuring you have a powerful voice and a formidable defense every step of the way.
The Stakes Are High: Understanding North Dakota’s Unlawful Cohabitation Laws & Penalties
Historically, North Dakota had a law that criminalized cohabitation, which in simple terms meant it was illegal for an unmarried man and woman to live together as if they were married. While this law might seem like a relic from a bygone era, its presence on the books meant that individuals could face criminal penalties for private, consensual relationships. The existence of such a statute created a sense of uncertainty and allowed for potential misuse. Although the law has since been repealed, understanding its history is crucial, as old charges can linger on criminal records and the societal attitudes that created it can sometimes persist.
What the Statute Said
The offense was governed by the North Dakota Century Code. The specific statute has been repealed, but it’s important to know what the law stated to understand its historical context. The former law read as follows:
12.1-20-10. Unlawful cohabitation. Repealed by S.L. 2007, ch. 131, § 4.
As a Repealed Offense
Because this law has been repealed, there are no current penalties for unlawful cohabitation in North Dakota. You cannot be charged or prosecuted under this statute today. However, if you were convicted of this offense before its repeal in 2007, the conviction may still appear on your criminal record. This can have lasting consequences, and it is essential to explore legal options, such as expungement, to clear your record and prevent this obsolete law from impacting your future. The fight is no longer in the courtroom against an active charge, but in clearing your name from the shadow of an outdated conviction.
What Does an Unlawful Cohabitation Charge Look Like in Fargo?
Even though the law against unlawful cohabitation is no longer active, understanding the kinds of situations it once targeted helps to illustrate how personal and private matters could become the subject of criminal charges. The law was broadly defined, essentially criminalizing the act of an unmarried man and woman living together in a relationship that resembled marriage. It was a law that reached directly into the home, turning a personal living arrangement into a potential crime. This meant that any couple who chose to share a home and a life without being legally married could, in theory, have been targeted by law enforcement and the prosecution.
These charges could arise from various circumstances, often stemming from neighbor disputes, landlord disagreements, or even as an additional charge in an unrelated investigation. The subjective nature of the law made it particularly problematic; it relied on the perceptions of others to determine whether a couple was “notoriously” living together in a “marriage-like” state. This created a chilling effect, where the fear of a neighbor’s complaint or an officer’s judgment could dictate the most personal life choices. It served as a stark reminder that even in our most private spaces, we were not entirely free from government intrusion.
A Relationship Scrutinized by a Landlord
Imagine a young, unmarried couple who find the perfect apartment to rent in Fargo. They are open with the landlord about their relationship status and sign the lease together. After a few months, a dispute arises over a maintenance issue. The landlord, feeling vindictive, decides to use the cohabitation law as leverage. The landlord reports the couple to the police, claiming they are “notoriously” and “openly” cohabiting. Law enforcement, obligated to investigate the complaint, could then initiate an inquiry, bringing the couple’s private life under an official microscope and forcing them to defend a living arrangement that is common and accepted today.
This scenario highlights how a personal disagreement could escalate into a criminal matter under the old statute. The couple’s only “crime” was sharing a home and a life without a marriage certificate, a fact the landlord decided to weaponize. The stress and anxiety of a police investigation, the potential for public embarrassment, and the fear of a criminal record would all stem from a law that intruded deeply into their personal autonomy. It demonstrates the danger of statutes that regulate private, consensual behavior, as they can easily become tools for retaliation in unrelated civil disputes, punishing individuals for simply living their lives.
Pressure During an Unrelated Investigation
Consider a situation where police are investigating a minor noise complaint at a shared residence. During their questioning of the unmarried man and woman who live there, the police become frustrated with their answers. As a way to exert pressure and gain compliance, an officer might bring up the unlawful cohabitation statute. The officer could suggest that while they are here for a noise violation, they could also pursue charges for the couple’s living arrangement, implying that cooperation is the only way to avoid a more serious and personal legal battle.
In this example, the repealed cohabitation law would have served as a tool for law enforcement to intimidate and coerce individuals. The threat of such a charge, which delves into the most intimate aspects of a person’s life, could easily compel someone to waive their rights or provide information they otherwise wouldn’t. The couple is put in a terrible position: either stand up for their rights and risk an embarrassing and archaic charge, or submit to the officer’s demands. This illustrates the problematic nature of such laws, as they grant the state undue leverage and can be used to intimidate citizens in situations that should be handled with respect for privacy and due process.
A Dispute Between Neighbors Escalates
In a quiet Fargo neighborhood, two unmarried professionals live together. A neighbor, who holds more traditional views, disapproves of their lifestyle. The neighbor begins making unsubstantiated complaints about them—claiming their music is too loud or they have too many guests. When these complaints go nowhere, the neighbor, aware of the old cohabitation statute, decides to report them to the police for their living arrangement. The neighbor’s complaint is framed in moralistic terms, accusing the couple of “flaunting” their relationship in a way that is detrimental to the neighborhood’s character.
This scenario demonstrates how the former cohabitation law could empower individuals to use the legal system to enforce their personal moral codes on others. The neighbor’s motivation isn’t a genuine concern for public safety but a desire to police the private lives of those they disapprove of. The couple, who are doing nothing to harm anyone, would suddenly be forced to justify their personal relationship to the authorities. The process itself would be a punishment, creating a public record and causing significant emotional distress, all because a neighbor disagreed with their private choices, a clear overreach of the law into personal liberty.
A Vindictive Ex-Partner’s Accusation
A woman ends a long-term relationship and asks her ex-partner to move out. The ex-partner, feeling hurt and vindictive, refuses to leave and, in an act of retaliation, calls the police and falsely accuses the woman and her new partner, who has been staying over, of unlawful cohabitation. The ex-partner frames the situation to law enforcement as a “notorious” and illicit affair being conducted in the home, hoping to create legal trouble for the woman as a form of revenge. This accusation forces the woman into a defensive position, having to explain the intimate details of her personal life to law enforcement.
This example underscores the potential for the repealed cohabitation law to be used as a weapon in domestic disputes and breakups. A law intended to regulate public morality could be twisted into a tool for personal vengeance. The woman’s private life, which is already in a state of turmoil due to the breakup, becomes the subject of a criminal inquiry. She would be forced to defend herself against a charge that has no bearing on public safety and stems solely from the malice of a former partner. It highlights the profound injustice of laws that allow the state to intervene in the most personal and private aspects of its citizens’ lives based on the report of a scorned individual.
Building Your Defense: How I Fight Charges Related to Repealed Statutes in Fargo
Even though the unlawful cohabitation law is off the books, its shadow can linger. A past conviction for this repealed offense can still appear on your criminal record, creating unforeseen obstacles in your life. Furthermore, the attitudes that led to such laws can sometimes result in prosecutors attempting to use other, related statutes to police personal behavior. My defense philosophy is proactive and aggressive. We don’t simply wait for the prosecution to act; we take the fight to them. The first step is recognizing that any remnant of a charge, whether from a repealed law or a related accusation, is a serious matter that deserves a vigorous defense to protect your name and your future.
A successful defense starts with the unwavering principle that the state’s version of events is not the definitive truth—it is merely a story they are trying to sell. My job is to deconstruct that story, to expose its weaknesses, and to present a compelling counter-narrative that safeguards your rights. This requires a meticulous examination of every piece of information, from the initial complaint to the final report. We will challenge the legality of every action taken and question the motivation behind the charges. By refusing to accept the prosecution’s claims at face value, we force them to meet their burden of proof and hold them accountable at every stage of the process, whether we are fighting to expunge an old record or defend against a related modern charge.
Arguing for Expungement of Past Convictions
For those with a prior conviction for unlawful cohabitation, the primary defense is to seek an expungement, which is the legal process of sealing the criminal record. Since the North Dakota legislature has repealed the law, we can make a powerful argument that the conviction is based on an obsolete statute that no longer reflects the values or laws of our state. The entire basis for the original conviction has been repudiated by the government itself, and allowing it to remain on your record serves no legitimate public safety purpose and is fundamentally unjust.
- Invalidated Legal Basis: The core of our argument is that your conviction is rooted in a law that the state has officially declared to be no longer valid. We will file a petition with the court emphasizing that the legislative repeal of N.D.C.C. § 12.1-20-10 is a clear statement that the conduct is no longer considered criminal. Keeping this on your record would mean you continue to suffer consequences for an action that is now perfectly legal, which is a profound injustice that the court has the power to correct.
- No Ongoing Public Interest: We will demonstrate to the court that there is absolutely no ongoing public interest in maintaining a record of this repealed offense. Unlike convictions for theft or assault, a cohabitation charge has no bearing on your current character or any potential risk you might pose to the community. Its continued presence on your record serves only to create unfair prejudice in housing, employment, and other areas of your life, and we will argue that sealing the record is the only equitable outcome.
Challenging Any Related or Successor Charges
In the unlikely event that a prosecutor tries to use a different, existing law to penalize a personal living arrangement, our defense would focus on the specific elements of that new statute and the inappropriate application of the law. We would argue that such a charge is a thinly veiled attempt to enforce the spirit of the repealed cohabitation law, which is an overreach of prosecutorial authority. The defense would involve a detailed analysis of the charged offense to show that your conduct does not fit the legal definition and is an abuse of the statute.
- Misapplication of the Law: Our first line of attack would be to argue that the prosecution is misapplying the chosen statute to your situation. For instance, if they attempt to use a disorderly conduct charge, we would meticulously demonstrate how your private, consensual living arrangement does not meet the legal requirement of causing public alarm or disturbance. We would accuse the prosecution of trying to fit a square peg into a round hole to penalize behavior they personally disapprove of, which is not a legitimate use of their power.
- Violation of Privacy Rights: We would also build a strong argument that charging you for a private living arrangement under a different pretext violates your fundamental right to privacy. The U.S. and North Dakota Constitutions provide protections against unwarranted government intrusion into personal affairs. We would argue that using an unrelated law to scrutinize your private life is a backdoor attempt to regulate conduct that the legislature has already decided should not be criminalized, and we will ask the court to dismiss the charges on these constitutional grounds.
Highlighting the History and Legislative Intent
When seeking to clear a record or defend against related charges, it is crucial to educate the court on the history and legislative intent behind the repeal of the unlawful cohabitation law. The repeal in 2007 was a deliberate decision by lawmakers to modernize North Dakota’s laws and remove outdated statutes that infringed on personal liberties. By presenting this historical context, we can frame our legal arguments within the clear progression of the state’s own legal and social standards, making our case for relief more compelling.
- Modernizing State Law: We will present evidence and legislative history showing that the repeal of N.D.C.C. § 12.1-20-10 was part of a broader effort to remove archaic and unenforceable laws from the Century Code. This demonstrates that the legislature’s action was a conscious and intentional move away from policing private, consensual adult relationships. Our argument will be that honoring this legislative intent requires the court to grant an expungement or dismiss any tangentially related charges that seek to circumvent this progress.
- Shift in Social Norms: Our argument will also incorporate the dramatic shift in social norms regarding cohabitation. What was once considered controversial is now a common and widely accepted living arrangement. We will argue that allowing an old conviction to stand, or allowing a prosecutor to target such a relationship today, is completely at odds with contemporary community standards. This helps the court understand that our request is not just legally sound but also aligned with the current values of society.
Exposing Improper Motives in the Accusation
In many cases involving outdated or personal laws, the initial accusation stems not from a genuine public safety concern but from an improper motive. This could be a vindictive ex-partner, a meddling neighbor, or a landlord involved in a dispute. If you are facing any charge related to your personal life, or if you need to explain the circumstances of an old conviction, exposing the improper motive of the original accuser can be a powerful strategy. We will investigate the source of the complaint to uncover any bias or malice.
- Investigating the Complaining Witness: Our defense team will conduct a thorough investigation into the person who made the initial report against you. We will look for any history of personal conflict, bias, or ulterior motives. For example, in a landlord-tenant dispute, we can show that the accusation was a form of retaliation. This evidence can be used to argue that the original charge was based on malice rather than a legitimate legal violation, strengthening the case for expungement or dismissal.
- Demonstrating Retaliatory Animus: We will gather any available evidence—such as emails, text messages, or witness testimony—that reveals a retaliatory or personal animus behind the accusation. By presenting a clear picture of the accuser’s improper motives, we can effectively undermine the entire basis of the original charge. This strategy reframes the narrative from one of you being a law-breaker to you being the victim of a malicious complaint, making it far more likely a judge will grant the relief you are seeking.
Your Questions About North Dakota Unlawful Cohabitation Charges Answered
What exactly was the unlawful cohabitation law in North Dakota?
The unlawful cohabitation law, formerly found in North Dakota Century Code § 12.1-20-10, made it a criminal offense for an unmarried man and woman to live together openly and notoriously as if they were married. The law was broadly written and subjective, allowing for charges based on the perceptions of others regarding a couple’s private living arrangement. It was an archaic statute that criminalized personal, consensual relationships that are commonplace today. The law was officially repealed by the North Dakota Legislature in 2007, meaning it is no longer in effect.
Can I still be charged with unlawful cohabitation in Fargo today?
No, you cannot be charged with unlawful cohabitation in Fargo or anywhere else in North Dakota. The law that criminalized this behavior was repealed in 2007. This means the statute is no longer on the books, and law enforcement cannot arrest you or issue a citation for it. If anyone, including a law enforcement officer, threatens you with such a charge, they are referring to a law that does not exist. Your personal choice to live with a partner without being married is not a crime in North Dakota.
If the law is repealed, why should I be concerned about a past conviction?
Even though the law is repealed, a conviction that occurred before 2007 can still appear on your criminal record. This old conviction can show up on background checks for employment, housing, professional licensing, and even loan applications. The presence of a criminal record, even for an obsolete offense, can create significant and unfair barriers in your life. Potential employers or landlords may not understand the context of the repealed law and could deny your application based on this outdated information, making it critical to have the record sealed.
What is expungement and can it help with an old cohabitation conviction?
Expungement, often referred to as sealing a record in North Dakota, is a legal process that restricts public access to your criminal record. If a judge grants the expungement, the record of your conviction is removed from public view. For a conviction under the repealed unlawful cohabitation law, we can file a petition with the court arguing that sealing the record is in the interest of justice. Because the legislature itself has invalidated the law, we can make a very strong case that you should no longer suffer consequences from it.
What is the legal process for getting a record expunged in North Dakota?
The process begins by filing a formal petition with the district court in the county where you were convicted. This petition must outline the legal reasons why your record should be sealed. We must then serve notice to the prosecuting attorney’s office, giving them an opportunity to object. A hearing may be scheduled where we will present our arguments to the judge. For a repealed offense like unlawful cohabitation, the argument centers on fairness and the clear legislative intent to no longer criminalize the behavior.
How long does the expungement process typically take?
The timeline for an expungement in North Dakota can vary depending on the court’s schedule and whether the State’s Attorney objects to the petition. Generally, after filing the petition, the prosecutor has a set amount of time to respond. If there is no objection, the process can move relatively quickly, sometimes within a couple of months. If a hearing is required, it may take longer to get a court date. We work to move the process along as efficiently as possible to clear your record.
What if a prosecutor tries to use another law to charge me for my living situation?
This would be a highly improper and unlikely scenario. However, if a prosecutor were to use a different law, such as disorderly conduct, to charge you based on your private living arrangement, it would constitute a serious misapplication of the law. Our defense would immediately move to dismiss the charges, arguing that they are a veiled attempt to enforce the spirit of a repealed statute and a violation of your constitutional right to privacy. We would aggressively challenge the prosecution’s overreach.
Why was the unlawful cohabitation law repealed in the first place?
The law was repealed in 2007 as part of a legislative effort to modernize the North Dakota Century Code and remove archaic, rarely enforced, and constitutionally questionable statutes. Lawmakers recognized that the government has no legitimate interest in policing the private, consensual living arrangements of adults. The repeal reflected changing social norms and a legal consensus that such laws infringe on fundamental rights to privacy and personal liberty, as established in landmark U.S. Supreme Court cases.
Could an old cohabitation charge affect my Second Amendment rights?
Generally, a conviction for a low-level misdemeanor like unlawful cohabitation would not, on its own, result in the loss of your firearm rights under federal or North Dakota law. However, having any criminal conviction on your record can sometimes create complications or delays when purchasing a firearm, as it may trigger additional scrutiny during a background check. Expunging the record is the best way to ensure this obsolete conviction does not cause any unforeseen issues with your constitutional rights.
Can a landlord in Fargo refuse to rent to me because I am cohabiting with a partner?
While the criminal law against cohabitation is gone, landlords can still set their own criteria for tenants, as long as they do not violate fair housing laws. Fair housing laws protect against discrimination based on factors like race, religion, sex, and familial status. Marital status is also a protected class in North Dakoa. Refusing to rent to an unmarried couple could potentially be challenged as a form of marital status discrimination, but this can be a complex area of civil law.
What if the original charge was the result of a false accusation?
If the original cohabitation charge was based on a false accusation from a vindictive ex-partner, neighbor, or landlord, this information can be a powerful part of our argument for expungement. We can present evidence to the court showing that the charge was rooted in malice rather than a legitimate legal concern. This helps a judge understand that you were the victim of a misuse of the legal system, which strengthens the argument that justice demands the record be sealed.
How do I know if this conviction is still on my record?
The only way to be certain is to run a comprehensive background check on yourself. You can obtain a copy of your criminal record from the North Dakota Bureau of Criminal Investigation (BCI). This will show you exactly what appears on your official record. If you find a conviction for unlawful cohabitation, you can then take the necessary steps to petition for an expungement and finally clear your name.
What is the difference between a repealed law and an unconstitutional law?
A repealed law is one that the legislature has formally voted to remove from the statutes. An unconstitutional law is one that a court has declared to be in violation of the state or federal constitution. The U.S. Supreme Court case Lawrence v. Texas (2003) declared that laws criminalizing private, consensual adult intimacy were unconstitutional. While this ruling likely made North Dakota’s cohabitation law unenforceable, the legislature officially repealed it four years later to formally clean up the code.
Why do I need a lawyer to handle an expungement for a repealed offense?
While it may seem straightforward, the expungement process has specific legal procedures and requirements that must be followed precisely. An experienced attorney can ensure your petition is drafted correctly, that all legal arguments are presented persuasively, and can represent you in court if a hearing is necessary. Having a lawyer demonstrates to the court and the prosecutor that you are serious about your rights and significantly increases your chances of a successful outcome without unnecessary delays.
What message does clearing my record send?
Clearing your record sends a powerful message that your life should not be defined by an outdated and unjust law. It is an act of reclaiming your personal history and ensuring that your future opportunities are not limited by a past conviction that has no relevance to your character or your standing as a citizen today. It represents a final victory over an intrusive law and allows you to move forward with a clean slate, free from the judgment of the past.
Your Future Is Worth Fighting For
The continued presence of a conviction for a repealed offense like unlawful cohabitation is more than just an entry on a document; it’s a shadow that can follow you for decades. This single notation on a background check can close doors before you even have a chance to prove yourself. A potential employer might see the charge and, without understanding its archaic nature, move on to the next candidate. A landlord might deny your housing application, judging you based on a law that our own state legislature has deemed obsolete and unjust. The impact on your livelihood can be direct and devastating, forcing you to explain a private, personal matter from your past over and over again, simply because of an outdated mark on your name.
This isn’t just about jobs and housing; it’s about your fundamental rights. An old criminal conviction, even for a misdemeanor under a repealed statute, can create unforeseen complications. It can be a hurdle in professional licensing applications, a reason for denial of certain volunteer opportunities, and a point of scrutiny in any situation that requires a background check. The Second Amendment right to bear arms, while not typically lost for such a minor offense, could face delays or added questions. In essence, the ghost of this conviction forces you to exist as a second-class citizen in certain respects, constantly under a cloud of suspicion for conduct that is no longer considered a crime by the state of North Dakota.
As an attorney who knows the Fargo courts and the local legal landscape, I understand how to effectively communicate the injustice of a lingering conviction from a repealed statute. I have spent my career in these courtrooms, building relationships and understanding the perspectives of the judges and prosecutors. I know how to frame an expungement petition not just as a procedural request, but as a compelling argument for justice. My familiarity with the local system allows me to navigate the process efficiently and anticipate the arguments the state might raise, ensuring we are always one step ahead in the fight to clear your name.
Ultimately, a past mistake or, in this case, a past encounter with an unjust law, should not be a life sentence. The decision by the North Dakota legislature to repeal the unlawful cohabitation statute was a clear acknowledgment that the government does not belong in the private lives of its citizens. My mission is to ensure that the spirit of that repeal is fully realized in your life. By fighting to expunge this record, we are fighting for the principle that your future should be defined by your character and your contributions, not by an archaic law. This is your chance to close a chapter that should have never been written and to move forward with the clean slate you deserve.