North Dakota Expungement vs Sealing

They're Not the Same Thing

People use "expungement" and "sealing" interchangeably, and in some states that's fine — the terms are synonymous. North Dakota isn't one of those states. The distinction here is legally significant and determines what happens to your actual records.

Expungement in North Dakota means the physical destruction of records. Files are permanently deleted from court databases, and law enforcement is required to destroy their copies. After expungement, the records genuinely cease to exist — they can't be discovered by licensing boards, employers, or anyone else.

Sealing means court and prosecution records are hidden from public view but remain fully intact in government databases. The records still exist — they're just restricted from public access.

When True Expungement Is Available

True expungement is extremely narrow in North Dakota. It applies in essentially two situations:

Juvenile records: Under Rules of Juvenile Procedure Rule 19(e), a former juvenile can petition for "early destruction" of delinquency or child-in-need-of-services records. If the court finds good cause and the petitioner has no pending criminal charges, the files are physically destroyed — including law enforcement copies.

Involuntary commitment records: Under N.D.C.C. Chapter 25-03.1, records of involuntary commitment to a mental health facility can be expunged in certain circumstances.

That's it. If you have an adult criminal conviction, expungement isn't an option. The word doesn't even appear in Chapter 12-60.1, which governs adult record relief.

What Sealing Does and Doesn't Hide

When a court seals your record under Chapter 12-60.1, it removes the case from public searches on the state court portal. A landlord or private employer using a current public-record search generally won't find it, although a commercial screening company may still have an outdated copy.

But the underlying criminal history data in the Bureau of Criminal Investigation's database is specifically exempt from sealing orders. That means:

• Law enforcement and prosecutors retain full access and can use the sealed record for sentencing enhancement if you're charged with a new crime
• State licensing boards that require fingerprint-based background checks (nursing, real estate, emergency medical services) still see the conviction
• Federal agencies including USCIS and the FBI are entirely unaffected by state sealing orders
• Concealed weapons licensing units have explicit statutory authority to review sealed records

The Nonconviction Closure Option

There's a third category — "closing" nonconviction records (dismissals and acquittals) under § 12-60.1-05. This is closer to sealing than expungement. The records are closed to public name searches but remain intact and accessible to authorized court personnel and law enforcement.

Under HB 1166 (effective August 1, 2025), nonconviction orders entered on or after that date close automatically 61 days after the order is entered. For older cases, you file a fee-free petition and the court must close the record within 10 days.

Which One Applies to You

The practical takeaway: for the vast majority of adults with a criminal record in North Dakota, sealing is the available remedy. Set your expectations around what that does — it clears the public-facing obstacles for employment and housing, but it doesn't make the record disappear from every database.

The North Dakota Expungement & Record Sealing Guide breaks down every track in detail, including what each sealing pathway actually hides and from whom.

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