North Dakota Drug Offense Record Sealing

Drug Convictions and Record Sealing in North Dakota

Most drug offense convictions — including marijuana possession, controlled substance charges, and drug paraphernalia — can be sealed under North Dakota's standard conviction sealing statute, Chapter 12-60.1. Drug offenses are not among the categories explicitly excluded from sealing (which are limited to registerable sex offenses and violent felonies during the firearm-ban period).

The path to sealing depends on how the offense was classified.

Misdemeanor Drug Offenses

If the drug offense was classified as a misdemeanor, the sealing requirements under Chapter 12-60.1 for a misdemeanor conviction are:

• Three-year waiting period with zero new criminal convictions since full release from incarceration, parole, or probation
• All court-ordered victim restitution paid in full
• No pending criminal charges in any jurisdiction
• File a petition in the court that handled the original case

Possession of less than one-half ounce of marijuana is an infraction under N.D.C.C. § 19-03.1-23, not a misdemeanor. North Dakota also provides a separate sealing rule for a first offense involving one ounce or less of marijuana: on motion, the court shall seal the conviction if there is no subsequent conviction within two years. Check the judgment and offense date before using the standard misdemeanor track.

Felony Drug Offenses

Possession with intent to deliver, manufacturing, and larger quantity possession charges can be classified as felonies. Felony drug convictions follow the same Chapter 12-60.1 process with a longer timeline:

• Five-year waiting period with zero new criminal convictions since release from probation, parole, or incarceration
• Complete payment of all restitution
• Petition filed in the original court with a $160 filing fee

The key question for felony drug offenses is whether they involved violence or intimidation. A straightforward drug possession felony is eligible for sealing. But if the offense involved violence — armed drug distribution, for example — the firearm-ban restriction under N.D.C.C. § 62.1-02-01 may delay eligibility or create a statutory bar during the 10-year firearm prohibition period.

Deferred Imposition for Drug Cases

Many drug offenders receive a deferred imposition of sentence, especially on first offenses. If the court deferred your sentence for an eligible infraction or misdemeanor and you completed probation successfully, the case is automatically dismissed and sealed 61 days after probation ends under Rule 32.1. No petition, no filing fee, no hearing required.

Check your court records carefully. If your case was resolved through a deferred imposition, you may already be sealed without knowing it — and you don't need to go through the petition process at all.

Drug Court Completions

North Dakota operates drug courts in several judicial districts. Successful completion of drug court often results in a dismissed case, which falls under the nonconviction track. For orders of nonconviction entered on or after August 1, 2025, the court record closes automatically after 61 days under HB 1166. For orders entered before that date, you'll need to file the free Petition to Close Nonconviction Records.

What Sealing Covers and Doesn't Cover

Once sealed, a drug conviction is removed from public court record searches and generally will not appear on standard name-based background checks using current public data. A screening vendor may still retain an outdated copy. Landlords and most private employers won't see the current public record.

However, the BCI criminal history database is separate from the court system. Law enforcement, prosecutors, and state licensing boards with fingerprint-based check authority under N.D.C.C. § 12-60-24 will still see the sealed conviction. If you're applying for a healthcare license, teaching certificate, or CDL, the drug conviction will still be visible to the licensing board.

The North Dakota Expungement & Record Sealing Guide walks through the complete process for sealing drug convictions — including how to verify your waiting period, draft the petition, and handle private background check companies that still report sealed records.

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