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Grand Forks man is denied petition to seal his criminal record

He petitioned to seal 2016 child pornography records and testified in court Sept. 30.

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GRAND FORKS – A Grand Forks man convicted of two A misdemeanor deviate sexual acts filed a petition to seal his criminal record and was denied.

Christopher Anthony Davis, 34, was granted a plea deal after being charged in 2016 with two misdemeanor A charges of deviate sexual acts, 17 felony counts of child pornography possession and multiple drug charges.

According to court documents, Davis filed a petition to seal his criminal records on July 19, which included affidavits in support of his petition. The state responded by objecting to the petition on July 29. Davis testified on Friday, Sept. 30.

Davis’s petition stressed the effect his criminal records had on gaining employment, however, Davis confirmed he has two jobs in his field of study. He also started his own business.

In the court’s order denying Davis’s petition to seal his records, filed Oct. 3, they concluded, “the public’s right to access records outweighs the benefits to Davis if the records were sealed.” Davis does not have the right to appeal this decision, and cannot file a subsequent petition for three years.

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On March 22, 2016, the Grand Forks Narcotics Task Force executed a search warrant at Davis’s residence and seized numerous items related to drug trafficking, according to an affidavit from the case. Also seized during the search were Davis’s electronics including computer towers, laptops, a hard drive and a flash drive.

Davis was arrested and charged with drug related offenses. However, upon reviewing Davis’s technological devices, an additional case was opened.

According to an incident summary filed by the GFNTF, 95 images classified as “Child Abuse Material” were located, as well as 295 images and one video classified as “Child Exploitive/Age Difficult” material. This material does not, when viewed on its own, meet the definition of CAM, but it does indicate child exploitation.

After the forensic exam, Davis was charged with 17 counts of possession of certain materials prohibited, a class C felony, as well as two A misdemeanors for deviate sexual acts.

Davis was granted a plea deal on May 1, 2017, in which he pleaded guilty to the two misdemeanors and all felony charges were dismissed. In his other case, Davis pleaded guilty to delivery of a controlled substance, a felony B charge. His other two drug charges, possession of a controlled substance and possession with intent to deliver or manufacture, were dismissed per the plea agreement.

For Davis’s deviate sexual act misdemeanors, he was sentenced to 360 days at the Grand Forks County Correctional Center, with 240 days suspended and credit for three days time served. In relation to the drug conviction, Davis was sentenced to 364 days, with 244 suspended and credit for three days served. Following his release, Davis was on probation for three years. He successfully completed probation and paid all court fees.

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Theophris Drake, 39, is being held at the Ward County Jail on four felony counts.

Related Topics: GRAND FORKSCRIME AND COURTS
Sav Kelly joined the Grand Forks Herald in August 2022.

Kelly covers public safety, including local crime and the courts system.

Readers can reach Kelly at (701) 780-1102 or skelly@gfherald.com.
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