North Dakota Expungement
North Dakota Doesn't Actually Expunge Adult Records
If you've been searching for how to expunge a criminal record in North Dakota, here's the reality that most websites gloss over: the state doesn't offer true expungement for adult convictions. What North Dakota provides is record sealing under Chapter 12-60.1 of the North Dakota Century Code — a process that hides your court records from public view but doesn't physically destroy them.
The distinction matters. With expungement (available only for certain juvenile records and involuntary commitment records), the files are permanently destroyed. With sealing, your court and prosecution records become invisible to the public, but law enforcement, prosecutors, and certain licensing boards retain full access through the Bureau of Criminal Investigation database.
Who Qualifies for Record Sealing
North Dakota's sealing statute covers most misdemeanor and felony convictions, with waiting periods tied to the offense class:
- Misdemeanors: 3 years conviction-free after completing probation, parole, or incarceration
- Felonies: 5 years conviction-free after completing probation, parole, or incarceration
- DUI/APC offenses: Separate track under § 39-08-01.6 — 7 years conviction-free, and people who hold a CDL are excluded from this track
Two categories of convictions have special statutory restrictions: offenses requiring sex offender registration and violent felonies during any period the person is still banned from possessing firearms (a 10-year window from conviction or release, whichever is later).
What Sealing Actually Hides — and What It Doesn't
A signed sealing order removes your case from public court searches. Landlords running standard tenant screening and most private employers using commercial background check services generally won't see a sealed record through current public sources, although private databases may retain outdated copies.
But sealing doesn't touch the BCI's criminal history database. State licensing boards — like the North Dakota Board of Nursing — that require fingerprint-based background checks under N.D.C.C. § 12-60-24 will still see your full conviction history. Federal agencies, including USCIS, are also exempt from state sealing orders.
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The Filing Process
North Dakota doesn't provide standardized forms for conviction sealing petitions. You draft your own petition, which must include your complete criminal history across all jurisdictions, every residential address since the offense, and a narrative explaining why sealing serves the public interest. You'll also prepare a proposed order for the judge's signature.
After filing, you serve the prosecuting attorney and wait at least 45 days before the court can hold a hearing. At that hearing, you carry the burden of proving by clear and convincing evidence that sealing benefits you enough to outweigh the presumption of open court records.
The standard civil filing fee in district court is $160 as of July 2025 (under SB 2057), but a conviction-sealing petition filed within the existing criminal case generally avoids that standard civil docket fee. Fee waivers are available if a fee is assessed and your household income falls at or below 125% of the Federal Poverty Level.
Nonconviction Records Are Handled Differently
If your case ended in dismissal or acquittal, you're on a separate track. Under HB 1166 (effective August 1, 2025), nonconviction orders entered on or after that date close automatically 61 days later. For older dismissals and acquittals, you file a petition to close nonconviction records — no fee required — and the court must enter the closure order within 10 days.
Start With Your Official Records
Before filing anything, get your certified criminal history from the BCI using Form SFN 50744 and your case records from the clerk of court where your charges were filed. Petitions built on memory or third-party background check sites routinely get denied for incorrect case numbers or undisclosed charges.
Our North Dakota Expungement & Record Sealing Guide walks through every step — from pulling your BCI records to drafting the petition, serving the prosecutor, and handling private background check disputes after sealing.
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Download the North Dakota — Expungement Eligibility Checklist — a printable guide with checklists, scripts, and action plans you can start using today.