Does North Dakota have a ban-the-box law for private employers?

No. North Dakota's ban-the-box policy only applies to state executive branch agencies under a governor's executive order. Private employers can ask about criminal history at any point in the hiring process, including on the initial job application.

Can I get my record sealed in North Dakota?

If you successfully completed a deferred imposition of sentence, you may petition the court to seal that record under N.D. Cent. Code § 12-53.1. This is the primary pathway for record sealing in North Dakota. Standard criminal convictions (not deferred) generally cannot be expunged or sealed under North Dakota law.

Does North Dakota have a Clean Slate law?

No. North Dakota does not have a Clean Slate law that automatically seals or expunges criminal records. The only sealing option available is for records from successfully completed deferred sentences, and even that requires filing a petition with the court.

What is a deferred imposition of sentence in North Dakota?

A deferred imposition of sentence is when the court delays sentencing and places the defendant on probation. If the defendant successfully completes probation, the case may be dismissed and the individual can petition to have the record sealed. This is different from a standard conviction and offers a meaningful path to clearing your record.

Will a felony from 20 years ago show up on a North Dakota background check?

Yes. In North Dakota, felony convictions can be reported indefinitely. Even convictions from decades ago may appear on a background check. Unless the conviction was the result of a deferred sentence that was successfully completed and then sealed by court order, it will remain on your record.

Do North Dakota employers have to do an individualized assessment?

No. North Dakota state law does not require employers to perform an individualized assessment before denying employment based on criminal history. Federal EEOC guidance recommends that employers consider the nature of the offense, time elapsed, and job relevance, but this is not legally required in North Dakota.

Can an employer in North Dakota run a background check without my consent?

Under the federal FCRA, employers must obtain your written consent before running a background check through a consumer reporting agency. If the employer decides not to hire you based on the results, they must follow the FCRA's adverse action process, including providing you a copy of the report and a chance to dispute any inaccuracies.

North Dakota Background Check Laws

No state lookback limitLast updated: 2026-04-01

In North Dakota, criminal convictions can appear on a background check indefinitely — there is no state-imposed time limit. Ban-the-box applies only to state executive branch employers. North Dakota allows sealing of records for certain deferred sentences but does not have a Clean Slate law.

Overview

North Dakota does not impose any state-level time limit on how far back a background check can report criminal convictions. Under the federal FCRA default, convictions can appear on a background check indefinitely. Non-conviction records (arrests that did not lead to a conviction, dismissed charges) are limited to seven years under the FCRA. North Dakota has a limited ban-the-box policy that applies only to executive branch state agencies. Private employers in North Dakota can ask about criminal history at any point during the hiring process, including on the initial job application. There is no statewide law restricting when private employers may inquire about criminal records. North Dakota does not have a Clean Slate law providing automatic sealing or expungement. However, the state does have provisions for sealing records in certain circumstances, particularly for deferred sentences. Under N.D. Cent. Code § 12-53.1, individuals who successfully complete a deferred imposition of sentence can apply to have the record sealed. This is not automatic — it requires a petition to the court. For people who completed deferred sentences in North Dakota, this sealing option can be a meaningful step toward moving forward.

How Far Back Does a Background Check Go in North Dakota?

Record Type	Rule in North Dakota
Felony Convictions	No time limit. Felony convictions may appear on background checks regardless of age.
Misdemeanor Convictions	No time limit. Misdemeanor convictions can be reported indefinitely.
All Convictions	No state limit — convictions can be reported indefinitely under FCRA default rules.
Arrests (No Conviction)	Arrests not leading to conviction are limited to 7 years under the FCRA for employment reports.
Pending Cases	Pending criminal cases can be reported on a background check regardless of when charges were filed.

Ban the Box / Fair Chance

Yes

North Dakota's ban-the-box policy applies only to executive branch state agencies. Governor Doug Burgum signed an executive order directing state executive branch agencies to delay inquiries into criminal history until later in the hiring process. Private employers, local governments, and the legislative and judicial branches are not covered. Private employers in North Dakota may ask about criminal history at any point during the hiring process.

Effective: 2019

Clean Slate / Auto-Sealing

No Clean Slate law

North Dakota does not have a Clean Slate law providing automatic sealing or expungement of criminal records. However, North Dakota does allow sealing of records for individuals who successfully completed a deferred imposition of sentence under N.D. Cent. Code § 12-53.1. After successful completion of the deferred sentence, the individual may petition the court to seal the record. This is not automatic and requires filing a petition. Additionally, certain juvenile records may be sealed. There is no general expungement process for standard criminal convictions in North Dakota.

What Employers Can Do in North Dakota

When can employers ask about criminal history?: Private employers can ask about criminal history at any point during the hiring process, including on the initial job application. State executive branch agencies delay criminal history inquiries until later in the hiring process under the governor's executive order.
What can they consider?: North Dakota does not have a state law requiring employers to perform an individualized assessment or consider the relevance of a conviction to the specific job. Employers generally have broad discretion to consider any conviction in employment decisions. Federal EEOC guidance recommends individualized assessment, but it is not mandated by North Dakota state law.
Individualized assessment required?: No state requirement for individualized assessment, though EEOC guidance recommends it.

Key Laws in North Dakota

Fair Credit Reporting Act (FCRA)(1970)
Federal law providing the baseline framework for background check reporting in North Dakota. Limits non-conviction reporting to 7 years. Convictions may be reported indefinitely since North Dakota has no stricter state law.
North Dakota Executive Order — Ban the Box (State Agencies)(2019)
Governor's executive order directing state executive branch agencies to delay criminal history inquiries until later in the hiring process. Does not apply to private employers, local governments, or other branches of state government.
North Dakota Deferred Sentence Sealing (N.D. Cent. Code § 12-53.1)
Allows individuals who successfully completed a deferred imposition of sentence to petition the court to seal the record of the offense. This is not automatic and applies only to cases resolved through deferred sentencing.

Frequently Asked Questions — North Dakota

How far back does a background check go in North Dakota?: North Dakota does not impose any state-level time limit on reporting criminal convictions. Under the federal FCRA, convictions can appear on your background check indefinitely. Non-conviction records (dismissed charges, acquittals) are limited to 7 years for employment screening purposes.
Does North Dakota have a ban-the-box law for private employers?: No. North Dakota's ban-the-box policy only applies to state executive branch agencies under a governor's executive order. Private employers can ask about criminal history at any point in the hiring process, including on the initial job application.
Can I get my record sealed in North Dakota?: If you successfully completed a deferred imposition of sentence, you may petition the court to seal that record under N.D. Cent. Code § 12-53.1. This is the primary pathway for record sealing in North Dakota. Standard criminal convictions (not deferred) generally cannot be expunged or sealed under North Dakota law.
Does North Dakota have a Clean Slate law?: No. North Dakota does not have a Clean Slate law that automatically seals or expunges criminal records. The only sealing option available is for records from successfully completed deferred sentences, and even that requires filing a petition with the court.
What is a deferred imposition of sentence in North Dakota?: A deferred imposition of sentence is when the court delays sentencing and places the defendant on probation. If the defendant successfully completes probation, the case may be dismissed and the individual can petition to have the record sealed. This is different from a standard conviction and offers a meaningful path to clearing your record.
Will a felony from 20 years ago show up on a North Dakota background check?: Yes. In North Dakota, felony convictions can be reported indefinitely. Even convictions from decades ago may appear on a background check. Unless the conviction was the result of a deferred sentence that was successfully completed and then sealed by court order, it will remain on your record.
Do North Dakota employers have to do an individualized assessment?: No. North Dakota state law does not require employers to perform an individualized assessment before denying employment based on criminal history. Federal EEOC guidance recommends that employers consider the nature of the offense, time elapsed, and job relevance, but this is not legally required in North Dakota.
Can an employer in North Dakota run a background check without my consent?: Under the federal FCRA, employers must obtain your written consent before running a background check through a consumer reporting agency. If the employer decides not to hire you based on the results, they must follow the FCRA's adverse action process, including providing you a copy of the report and a chance to dispute any inaccuracies.

North Dakota Resources

Legal Services of North Dakota
Provides free legal assistance to low-income North Dakota residents, including help with record sealing for deferred sentences and understanding criminal record rights.
North Dakota Department of Corrections and Rehabilitation
State corrections agency with information about reentry programs, parole, and resources for people transitioning back into the community.
North Dakota Attorney General — Bureau of Criminal Investigation
State agency where you can request your own criminal history record to review for accuracy before an employer runs a background check.

Disclaimer: This is informational only, not legal advice. Background check laws change frequently. Consult a qualified attorney in North Dakota for advice about your specific situation. Information was last verified on 2026-04-01.

Sources

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