North Dakota Close Nonconviction Records

Dismissed Charges Still Show Up Until You Close Them

Being acquitted or having charges dismissed should mean the case is behind you. In practice, the public court record stays visible on background checks indefinitely — unless you take steps to close it. Employers, landlords, and screening companies don't distinguish between a dismissed charge and a conviction when they see a case listed on the public court portal. The charge alone is enough to trigger a rejection.

North Dakota's nonconviction closure process under § 12-60.1-05 exists to fix this. How it works depends on when your case was resolved.

Orders Entered On or After August 1, 2025: Automatic Closure

House Bill 1166, passed by the 69th Legislative Assembly and effective August 1, 2025, changed the default for new nonconvictions. If your case resulted in a dismissal or acquittal and the order was entered on or after that date, the court record closes automatically 61 days after the order is entered.

You don't need to file anything. The court is statutorily mandated to close the record, and once closed, it's shielded from remote public name searches on the internet.

One caveat: while the law mandates automatic closure, some county clerks have experienced implementation delays integrating the automated process into their electronic databases. If a dismissal order entered on or after August 1, 2025 is still visible on the public court portal, contact the Clerk of Court directly and reference HB 1166.

Orders Entered Before August 1, 2025: File a Petition

If your dismissal or acquittal was entered before August 1, 2025, you must proactively file a Petition to Close Nonconviction Records in the court that resolved the case. The key advantages of this track:

• No filing fee: The statute explicitly prohibits charging a fee for nonconviction closure petitions
• Court-provided form: Unlike conviction sealing, the state actually provides an official form through the Legal Self Help Center
• Fast turnaround: The court must enter the closure order within 10 days of filing, assuming the statutory criteria are met

This is a much simpler process than conviction sealing: use the official petition form, pay no filing fee, and track the court's 10-day deadline for entering the closure order.

The Four Exclusions

Not every nonconviction can be closed. The statute bars closure in four specific situations:

1. Plea-deal dismissals: If your case was dismissed as part of a plea agreement where you were convicted on another charge in the same or a companion case, the dismissed charges can't be closed. The rationale is that the dismissal was a negotiated concession, not a vindication
2. Unfit to proceed: If the case was dismissed because you were found unfit to stand trial under N.D.C.C. Chapter 12.1-04
3. Not guilty by reason of lack of criminal responsibility: If the verdict was based on a mental health defense under Chapter 12.1-04.1
4. Active appeal: If the case or order is currently being appealed

What Closure Does

Closed nonconviction records are removed from public name searches on the court portal. The records remain intact in the court system but are only accessible to authorized court personnel and law enforcement.

Like conviction sealing, closure doesn't affect the BCI's criminal history database. If a licensing board runs a fingerprint-based check, they may still see the arrest and charge information. But for standard employer and landlord screening — which relies on public court records — the charge effectively disappears.

Why This Matters for Pre-2025 Dismissals

If your case was dismissed years ago but you never filed a closure petition, your dismissed charges are still publicly visible right now. A public-facing background check run by an employer or landlord can still find them. In North Dakota's safety-sensitive job market — oil fields, healthcare, commercial driving — that visibility can cost you a position even though you were never convicted.

The petition is free, the court provides the form, and the turnaround is 10 days. There's no reason to leave old dismissed charges visible on your public record.

The North Dakota Expungement & Record Sealing Guide covers both the nonconviction closure process and the conviction sealing process, with step-by-step filing instructions for each track.

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