NORTH DAKOTA
How to Clear Your Criminal Record
in North Dakota
A free, plain English guide to record sealing in North Dakota — the 2025 non-conviction closure law, the three pathways to relief, and how to file under N.D.C.C. Ch. 12-60.1.
What You Need to Know First
2025 law — automatic closure for non-conviction records. Effective August 1, 2025, if a court enters an order of non-conviction (dismissal, acquittal), the court record is automatically closed 61 days later. For cases disposed of before August 1, 2025, you can petition for closure and the court must act within 10 days. No filing fee. This is a major expansion of access to record relief in North Dakota.
Important limitation — BCI records cannot be sealed. North Dakota's sealing law under Ch. 12-60.1 seals court records — but criminal history record information reported to the Bureau of Criminal Investigation (BCI) cannot be sealed. This means sealed records may still appear in law enforcement background checks sourced from BCI. Sealed court records are inaccessible to the public, but law enforcement retains access.
True expungement is very limited in North Dakota. Expungement — meaning permanent destruction of records — is only available for: juvenile offenses, human trafficking victim offenses, possession of less than one ounce of marijuana, and unconstitutional arrests. For most adults, sealing (not expungement) is the available remedy.
North Dakota has three distinct pathways for clearing a criminal record depending on the type of offense.
Sealing — Ch. 12-60.1
MAIN PATHWAY — MOST OFFENSES
Petition-based sealing for misdemeanors, most felonies, and non-conviction records. Requires showing good cause, reformation, and that benefit to you outweighs the presumption of open records. Court records sealed — BCI records remain. Discretionary.
DUI Record Sealing
§ 39-08-01.6 — SEPARATE STATUTE
DUI records cannot be sealed under Ch. 12-60.1. A separate statute — N.D.C.C. § 39-08-01.6 — governs DUI sealing with its own requirements: no other DUI conviction and no other criminal conviction within 7 years. Commercial drivers are ineligible.
Expungement
VERY LIMITED — RECORDS DESTROYED
True destruction of records. Available only for: juvenile offenses, human trafficking victim offenses, marijuana possession under 1 oz, and unconstitutional arrests. Not available for most adult convictions regardless of how much time has passed.
What Can — and Can't — Be Sealed
ELIGIBLE FOR SEALING
- Non-conviction records (dismissed, acquitted) — closed automatically after Aug. 1, 2025 or by petition for older cases
- Most misdemeanor convictions — after 3 years crime-free from sentence completion
- Most felony convictions — after 5 years crime-free from sentence completion
- Pardoned convictions — added to eligible list in 2025
- Minor felony convictions reduced to misdemeanors — after sentence completion
- Drug possession offenses — eligible under Ch. 12-60.1
- Human trafficking victim offenses — expungement available
NOT ELIGIBLE FOR SEALING
- Sex offenses and crimes requiring registration (§ 12.1-32-15)
- Crimes against children
- Offenses involving dangerous weapons
- Intimidation offenses
- DUI convictions under Ch. 12-60.1 (separate DUI statute applies)
- New criminal charge within the waiting period
- Dismissal as result of plea agreement involving conviction on another offense
- BCI criminal history records — cannot be sealed under any pathway
Waiting Periods and Standards
Waiting periods run from completion of all sentence conditions including probation and payment of restitution. Note: fines and court fees do not appear to bar sealing — only restitution to victims is explicitly required. The court applies a discretionary standard — good cause, reformation, and balancing your interests against the presumption of open records.
Non-conviction / dismissed (post Aug. 2025)
61 days (auto)
Non-conviction / dismissed (pre Aug. 2025)
Petition anytime
Misdemeanor conviction — crime-free period
3 years
Felony conviction — crime-free period
5 years
DUI sealing (§ 39-08-01.6) — no other DUI or offense
7 years
The Discretionary Standard — What the Court Considers
Unlike some states where sealing is mandatory if criteria are met, North Dakota courts apply a discretionary standard for conviction sealing. The court must find by clear and convincing evidence that: (1) you have shown good cause for granting the petition; (2) you have demonstrated reformation warranting relief; and (3) the benefit to you outweighs the presumption of openness of the criminal record. Coming prepared with evidence of rehabilitation is essential.
The prosecuting official is required to notify and seek input from a wide range of people familiar with you and the offense — including correctional authorities, victims, and law enforcement. Come to your petition prepared with strong evidence of your rehabilitation: employment records, character letters, community involvement, and documentation of your life since the conviction.
How to File — Step by Step
1
For Non-Convictions (Post Aug. 2025) — Nothing Required
If your case was dismissed or you were acquitted on or after August 1, 2025, the court record is automatically closed 61 days after the order of non-conviction. No filing, no fee, no action needed. For cases disposed of before August 1, 2025, file a petition — the court must act within 10 days and no fee can be charged.
2
Request Your Criminal History from BCI
Request your North Dakota criminal history from the Bureau of Criminal Investigation to confirm which offenses are on your record, their status, and whether any are on the ineligible list. Request at
ag.nd.gov. Review carefully — this helps confirm eligibility before you invest time and effort in filing.
3
Prepare Your Petition to Seal
Download the sealing petition resources from the North Dakota Legal Self Help Center at
ndcourts.gov/legal-self-help. Your petition must include your full name and all aliases, all addresses since the offense, reasons why the petition should be granted, your complete criminal history in North Dakota and other jurisdictions, and all prior pardon or sealing requests. You must also attach a proposed order to seal.
4
File in the Existing Criminal Case
File your petition in the existing criminal case for the offense — in the North Dakota municipal court or district court where the conviction occurred. Name the arresting agency and the prosecutor as respondents. Serve copies on both respondents and file proof of service (affidavit or certificate of service) with the court.
5
Prosecutor Notification and Input Period
After receiving the petition, the prosecuting official must notify and seek input from correctional authorities, victims, and others familiar with you and the offense. This process takes time. Come prepared with strong evidence of rehabilitation — employment records, character letters, community involvement, and documentation of your life since the conviction.
6
Hearing and Order
The court holds a hearing and applies the discretionary standard — good cause, reformation, and balancing your interests against open records. If granted, the clerk seals court records with access only to the clerk, judges, juvenile commissioner, probation officers, you and your counsel, and the state's attorney. Note: the order will state that you are sufficiently rehabilitated but that licensing boards with statutory background check obligations may still access the records.
DUI Record Sealing — A Separate Process
DUI convictions cannot be sealed under Ch. 12-60.1. North Dakota has a completely separate DUI sealing statute at N.D.C.C. § 39-08-01.6 with its own requirements: no other DUI conviction and no other criminal conviction of any kind within the 7-year period after conviction. Commercial drivers are not eligible under any circumstances. Research the DUI sealing guide at ndcourts.gov/legal-self-help before proceeding.
Official Forms and Resources
Helpful Resources
FREE LEGAL HELP
Legal Services of North Dakota
Free civil legal help for low-income North Dakotans — including sealing guidance statewide
lsnd.org →
FREE LEGAL HELP
F5 Project — North Dakota
North Dakota reentry and record sealing guidance — plain English resources for people with criminal records
f5project.org →
HOUSING, FOOD & BENEFITS
findhelp.org
Search thousands of free and reduced-cost programs for housing, food, work, and more in your area
findhelp.org →
JOB SEARCH HELP
American Job Centers
Free job search assistance, resume help, and training — including resources for people with records
careeronestop.org →
PARDONS
ND Pardon Advisory Board
Apply for a pardon — including the simplified Summary Pardon Application for marijuana possession convictions
nd.gov/docr →
COURT RECORDS
North Dakota Courts
Access North Dakota court records and self-help resources from the North Dakota Supreme Court
ndcourts.gov →
Frequently Asked Questions
What's the difference between sealing and expungement in North Dakota? +
In North Dakota, sealing means the court record is made inaccessible to the public — but it still exists and can be accessed by courts, law enforcement, probation officers, and certain licensing authorities. Expungement means permanent destruction of the record — no one can access it. True expungement is only available in very limited circumstances in North Dakota: juvenile offenses, human trafficking victim offenses, marijuana possession under one ounce, and unconstitutional arrests. For most adults with convictions, sealing is the available remedy.
My case was dismissed before August 2025. How do I get it closed? +
For non-conviction records disposed of before August 1, 2025, you file a petition for closure under the new § 12-60.1-05(2). When you file, the court must enter an order closing the record within 10 days. No filing fee may be charged. The petition cannot be filed if the dismissal was the result of a plea agreement involving a conviction on another offense, or if dismissal was based on lack of criminal responsibility, or if the case was appealed. Get the petition form from the North Dakota Legal Self Help Center at ndcourts.gov/legal-self-help.
Why can't BCI records be sealed? +
North Dakota's sealing law under Ch. 12-60.1 seals court records — but the BCI maintains criminal history record information separately, and that information cannot be sealed under this statute. This means that even after your court records are sealed, law enforcement agencies doing background checks through BCI may still see your criminal history. The practical effect is that sealing protects you from public background checks but does not fully remove your record from law enforcement databases.
Can I seal my record if I have a DUI? +
Not under Ch. 12-60.1 — DUI records have their own separate sealing statute at N.D.C.C. § 39-08-01.6. Under that statute, you can petition to seal a DUI record if: 7 years have passed since conviction, you have not been convicted of another DUI offense, and you have not been convicted of any other criminal offense within 7 years. Commercial drivers are completely ineligible. Research the DUI sealing guide at the North Dakota Legal Self Help Center for the specific requirements and process.
What evidence should I bring to show "reformation"? +
North Dakota courts apply a discretionary standard requiring clear and convincing evidence of reformation warranting relief. Strong evidence includes: steady employment or job offers affected by your record, letters of support from employers, community members, religious leaders, or family, evidence of education or vocational training completed since conviction, documentation of community service or volunteer work, certificates from treatment or rehabilitation programs, and a personal statement explaining how you have changed and why sealing serves the public interest. The more concrete and specific your evidence, the stronger your petition.
Do I need an attorney? +
Not required — the North Dakota Legal Self Help Center provides detailed research guides and the courts do not prohibit self-representation. For non-conviction closures (dismissed charges), the process is straightforward and the court must act quickly. For conviction sealing — especially felonies — where you must meet the clear and convincing evidence standard and the prosecutor will seek input from multiple parties, working with a North Dakota attorney significantly improves your chances. Legal Services of North Dakota offers free help for those who qualify.
After Your Record Is Sealed
After sealing in North Dakota, court records are inaccessible to the public and will not appear on most background checks. The prosecution and court system cannot disclose the existence or content of the sealed records.
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Employment
Sealed court records will not appear on most public background checks. You can deny the existence of the sealed record on most private employment applications. However the sealing order explicitly states that licensing boards and entities with a statutory obligation to conduct criminal background checks may still access the records. Law enforcement and criminal justice agencies retain access through BCI.
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Professional Licensing
North Dakota's sealing order includes a specific statement that entities with a statutory obligation to conduct criminal history background checks may still access sealed records. If you are applying for a professional license in healthcare, education, childcare, law, or other regulated professions, the licensing board may still see your sealed conviction. Check with the specific board before applying.
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Background Check Databases
Court records are sealed and inaccessible to the public. However BCI criminal history records are not sealed and remain accessible to law enforcement. Private background check companies sourcing from their own databases may still show old records. Keep your sealing order and dispute any records that still appear publicly.
For general information about what changes after expungement — including housing, employment resources, and more — visit our After Expungement page.
This guide is for informational purposes only and does not constitute legal advice. Laws change — always verify current requirements with your county court clerk or a licensed attorney in your state before filing.
