North Dakota (ND) — Expungement & Record Clearing
Yes, you can seal your criminal record in North Dakota under NDCC Chapter 12-60.1. Misdemeanor convictions may be sealed after 3 charge-free years, and felonies after 5 years, provided your sentence is complete and all restitution is paid. As of August 1, 2025, non-conviction records are automatically closed after 61 days. DUI records follow a separate process under NDCC 39-08-01.6. Filing costs $160 (fee waivers available), and the court hearing cannot occur earlier than 45 days after filing. Offenses involving dangerous weapons, crimes against children, and sex crimes are not eligible. Sealed records do not appear on background checks, and you may legally deny the conviction. Below is the full guide with eligibility, step-by-step process, costs, timeline, and FAQ.
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Overview
North Dakota allows sealing of criminal records under NDCC Chapter 12-60.1. Sealing renders the record inaccessible to the public — the record is not destroyed. Misdemeanor records may be sealed after a 3-year charge-free waiting period, and felony records after 5 years. Effective August 1, 2025, non-conviction records (dismissals and acquittals) are automatically closed 61 days after the order. North Dakota also permits separate sealing of DUI records under NDCC 39-08-01.6 and full expungement (permanent destruction) through the Attorney General's office for certain records.
Official term: Sealing (NDCC 12-60.1) — North Dakota distinguishes between "sealing" (making records inaccessible to the public) and "expungement" (permanent deletion/destruction). Most relief available is sealing, not true expungement. DUI sealing follows a separate statute (NDCC 39-08-01.6).
Who qualifies
- ✓Misdemeanor conviction — 3 years since release from incarceration, parole, or probation with no new charges
- ✓Felony conviction — 5 years since release from incarceration, parole, or probation with no new charges
- ✓Completed all terms of imprisonment and probation for the offense
- ✓Paid all court-ordered restitution
- ✓Non-conviction records (dismissals, acquittals) — eligible for automatic closing as of August 1, 2025
- ✓DUI conviction — eligible under NDCC 39-08-01.6 if no subsequent DUI or equivalent conviction
- ✓Pardoned convictions (added by HB 1166, 2025)
Who does not qualify
- ✗Offenses involving a dangerous weapon
- ✗Offenses involving intimidation or violence (during the 10-year firearm prohibition period)
- ✗Crimes against children
- ✗Sex crimes or offenses requiring registration as a sexually violent offender
- ✗DUI convictions cannot be sealed under Chapter 12-60.1 (must use NDCC 39-08-01.6 separately)
- ✗Commercial driver's license holders seeking DUI record sealing
- ✗Non-conviction dismissals resulting from a plea agreement involving conviction on another offense
- ✗Not guilty verdicts based on lack of criminal responsibility
Waiting Periods
| Misdemeanor conviction | 3 years from date of release (no new charges) |
| Felony conviction | 5 years from date of release (no new charges) |
| Non-conviction (dismissal/acquittal) on or after August 1, 2025 | Automatically closed after 61 days |
| Non-conviction before August 1, 2025 | May petition immediately; court closes within 10 days if eligible |
| DUI conviction (NDCC 39-08-01.6) | Varies; must have no subsequent DUI convictions |
| Petition denied | Must wait 3 years before refiling |
Step-by-Step Process
Determine eligibility
Confirm you have completed all terms of imprisonment and probation, paid all restitution, and met the required waiting period (3 years for misdemeanors, 5 years for felonies). Verify your offense is not excluded (no dangerous weapons, crimes against children, sex crimes, or intimidation offenses during the firearm prohibition period).
Obtain your criminal history
Request a copy of your criminal history record from the North Dakota Bureau of Criminal Investigation (BCI) through the Attorney General's office. You will also need the case number(s) for each conviction you want sealed.
Prepare and file the petition
File a petition in the court where your case was heard. The petition must include your full name and all aliases, addresses from the date of the offense to the present, reasons why the petition should be granted, and your complete criminal history. Attach a proposed order to seal and proof of service. Name the arresting agency and prosecutor as respondents.
Serve the respondents
Serve the petition and proposed order on the arresting agency and the prosecutor. The court will not schedule a hearing until proper service is confirmed.
Attend the court hearing
The court will schedule a hearing no earlier than 45 days after the petition is filed. At the hearing, both the petitioner and prosecutor present arguments. The judge considers the nature and severity of the crime, aggravating or mitigating factors, criminal record, employment history, community involvement, and recommendations from law enforcement, prosecutors, corrections officials, and victims.
Receive the court order
If granted, the court orders state agencies to seal the record. The sealed record is no longer accessible to the public, employers, or most government agencies. If denied, you must wait 3 years before filing another petition.
Visual Guide
Automatic Non-Conviction Record Closing (HB 1314, effective August 1, 2025)
As of August 1, 2025, North Dakota provides automatic closing of non-conviction court records under HB 1314. Additionally, DUI records may be sealed under a separate process, and records from cases dismissed after successful completion of diversion/probation may be sealed automatically.
| Scenario | Sealed When |
|---|---|
| Non-conviction (dismissal/acquittal) on or after August 1, 2025 | Automatically closed after 61 days |
| Non-conviction before August 1, 2025 | Upon filing a petition, court closes within 10 days if eligible |
| DWI case dismissed after successful probation completion | Sealed by the court immediately |
Costs
- Filing fee
- $160 (standard district court filing fee as of July 1, 2025)
- Fee waiver
- Fee waiver forms are available through the North Dakota courts for those who cannot afford the filing fee; no filing fee for non-conviction record closing petitions
- Attorney (optional)
- $500–$2,000 typical range (optional but recommended for felony petitions)
Expungement through the Attorney General's office requires a separate $50 filing fee plus a $250 expungement fee. Certified copies of convictions cost $15–$25, and background checks may cost $10–$15 additionally.
Timeline
- With attorney
- 2–4 months
- Standard
- 3–6 months
The court cannot hold a hearing earlier than 45 days after the petition is filed. Timeline varies by court caseload and case complexity. Non-conviction record closings are faster — within 10 days of a qualifying petition or 61 days automatically.
What expungement does
- ✓Sealed records are inaccessible to the public, employers, and most government agencies
- ✓Sealed records do not appear on employment background checks
- ✓You may legally deny the existence of the sealed conviction
- ✓Removes barriers to employment, housing, and educational opportunities
- ✓Professional licensing boards generally cannot access sealed records without a court order
What expungement does NOT do
- ✗Does NOT destroy or delete the record (sealing only — record still exists)
- ✗Does NOT automatically restore firearm rights for felony convictions
- ✗Does NOT prevent law enforcement, judges, probation officers, or the state's attorney from accessing the sealed record
- ✗Does NOT seal DUI records (separate process under NDCC 39-08-01.6 required)
- ✗Does NOT remove sex offender registration requirements
- ✗A sealed record can still be used as a prior offense for sentencing enhancement if you are convicted of a new crime
Other Relief Options in North Dakota
Governor's Pardon
The Governor may grant a pardon upon recommendation of the Pardon Advisory Board. A pardon does not remove the conviction but may restore rights, including firearm rights if specifically stated. Pardoned convictions became eligible for sealing under 12-60.1 in 2025 (HB 1166).
DUI Record Sealing (NDCC 39-08-01.6)
DUI and Actual Physical Control convictions may be sealed under a separate statute if the individual has no subsequent DUI or equivalent conviction. Commercial driver's license holders are not eligible.
Expungement (Record Destruction)
True expungement — permanent deletion of records — is available for certain qualifying cases through the North Dakota Attorney General's office. Requires a $50 filing fee and $250 expungement fee.
Frequently Asked Questions
- What is the difference between sealing and expungement in North Dakota?
- Sealing makes a criminal record inaccessible to the public, but the record still exists and can be accessed by law enforcement, judges, and certain officials. Expungement is the permanent deletion or destruction of the record. Most people in North Dakota will use the sealing process under NDCC Chapter 12-60.1. True expungement is more limited and handled through the Attorney General's office.
- How long do I have to wait to seal my record in North Dakota?
- For misdemeanor convictions, you must wait at least 3 years from your date of release from incarceration, parole, or probation with no new charges. For felony convictions, the waiting period is 5 years. Non-conviction records (dismissals and acquittals) on or after August 1, 2025, are automatically closed after 61 days.
- How much does it cost to seal a criminal record in North Dakota?
- The standard district court filing fee is $160 as of July 1, 2025. Fee waivers are available for those who cannot afford the fee. If you hire an attorney, expect to pay $500–$2,000 depending on case complexity. There is no filing fee for non-conviction record closing petitions.
- Can I seal a DUI conviction in North Dakota?
- DUI convictions cannot be sealed under the general Chapter 12-60.1 process. However, a separate statute — NDCC 39-08-01.6 — allows sealing of DUI and Actual Physical Control convictions if you have no subsequent DUI or equivalent convictions. Commercial driver's license holders are not eligible.
- Can I seal a felony conviction in North Dakota?
- Yes, most felony convictions can be sealed after a 5-year charge-free waiting period, provided you have completed your sentence and paid all restitution. However, felonies involving dangerous weapons, violence or intimidation (during the 10-year firearm prohibition period), crimes against children, and sex crimes cannot be sealed.
- What happens if my petition to seal is denied?
- If the court denies your petition, you must wait 3 years before you can file another petition to seal the same record. The court considers factors like the nature of the offense, your criminal history, employment, community involvement, and recommendations from law enforcement and victims.
- Will a sealed record show up on a background check in North Dakota?
- No. Once your record is sealed, it does not appear on standard employment background checks. You can legally deny the existence of the sealed conviction. Only the clerk of court, judges, probation officers, and the state's attorney can access sealed records without a separate court order.
- Are non-conviction records automatically sealed in North Dakota?
- As of August 1, 2025, non-conviction records (dismissals and acquittals) are automatically closed 61 days after the court enters the order of non-conviction. For cases disposed of before that date, you may file a petition and the court will close the record within 10 days if you are eligible. Exceptions include dismissals from plea agreements and not guilty verdicts due to lack of criminal responsibility.
Video Guides
Take Action — Direct Links
- Court petition/form
ND Courts — Sealing Criminal Records Research Guide (PDF). Covers the petition process, eligibility, and required documents under NDCC Chapter 12-60.1. A separate non-conviction record closing petition is available at the Legal Self-Help Center page.
- Criminal record request
North Dakota Attorney General — Request a Criminal History Record Check from the Bureau of Criminal Investigation (BCI). Costs $15 per check; takes 7–10 business days by mail.
- Free legal aid
Legal Services of North Dakota (LSND) — free civil legal assistance for low-income and elderly (60+) North Dakotans. Call (800) 634-5263 (under 60) or (866) 621-9886 (60+). Note: LSND handles civil matters; for criminal record sealing, consult the F5 Project or a private attorney.
- Court self-help center
ND Courts Legal Self-Help Center — research guides, forms, and resources for sealing criminal records, sealing DUI records, expungement, and closing non-conviction records. The Center cannot provide legal advice on criminal matters.
- Statute full text
NDCC Chapter 12-60.1 — Sealing Criminal Records (full text PDF from the North Dakota Legislative Branch).
Sources
- NDCC Chapter 12-60.1 — Sealing Criminal Records
- ND Courts — Sealing Criminal Records Research Guide
- ND Courts — Sealing DUI Records Research Guide
- ND Courts — Court Fee Schedule (Effective July 1, 2025)
- ND Attorney General — Expunging a Criminal Record
- Collateral Consequences Resource Center — North Dakota
- F5 Project — Sealing Criminal Records in ND
- HB 1314 (69th Legislative Assembly, 2025)