North Dakota Felony Record Sealing

Felony Sealing Is Possible — With Conditions

North Dakota does allow felony convictions to be sealed under Chapter 12-60.1 of the Century Code, but the requirements are stricter than for misdemeanors and two categories of felonies face special statutory restrictions. If you're carrying a felony on your record that's blocking employment, housing, or professional licensing, here's what you need to know.

The 5-Year Waiting Period

You must remain completely conviction-free for at least five years before you can file a petition. The clock starts on the date you're fully released from incarceration, probation, or parole — whichever comes last. Not from sentencing, not from the plea date.

If your probation was revoked and reinstated, the clock resets to the new discharge date. Any new criminal conviction anywhere — North Dakota, another state, or federal court — restarts the five-year count entirely.

Which Felonies Can't Be Sealed

Two categories face special statutory restrictions:

Sex offenses requiring registration: If you're currently ordered to register under N.D.C.C. § 12.1-32-15, sealing is barred with no exceptions.

Violent felonies during the firearm-ban window: A felony involving violence or intimidation triggers a 10-year ban on possessing firearms under N.D.C.C. § 62.1-02-01(1)(a). The ban runs from the date of conviction or release from incarceration, whichever is later. During that entire 10-year window, the conviction cannot be sealed. After the firearm ban expires and you've completed the 5-year conviction-free period, you can petition.

This means a Class C violent felony where you served 2 years and completed 3 years of parole could have a total wait of 10+ years before sealing becomes available (the firearm ban must expire first, then you still need 5 years conviction-free from release).

What the Court Evaluates

Meeting the waiting period gets your petition heard — it doesn't guarantee approval. At the hearing, you must prove by clear and convincing evidence three things:

1. Good cause: The benefit of sealing (securing employment, professional licensing, stable housing) clearly outweighs the public's constitutional right to open court records
2. Complete sentence satisfaction: All imprisonment, probation, and victim restitution must be finished and paid in full — unpaid restitution is an absolute bar
3. Rehabilitation: Evidence of sustained positive change since the offense — employment history, community involvement, education, lack of new charges

The prosecutor has 45 days after filing to investigate, notify victims, and file objections. If they object, expect a contested hearing. If they don't object or actively stipulate to sealing, the judge may rule on the papers without a hearing.

The Firearm Complication

Even if your felony is successfully sealed, firearm restrictions may persist independently. For felonies involving violence or intimidation, the 10-year possession ban under § 62.1-02-01 is tracked separately from the sealing statute. Successfully sealing the court record doesn't lift the ban early.

For deferred impositions on felonies, there's an additional wrinkle: even though Rule 32.1 automatically withdraws the plea and seals the case, you're still legally "convicted" for purposes of the state firearm ban. The 10-year clock runs from probation discharge regardless.

The BCI Reality for Felony Records

A sealed felony conviction is removed from public court searches, so most standard employer/landlord background checks using current public data won't find it. But private screening databases may retain older copies, and the Bureau of Criminal Investigation's database is exempt from sealing orders. Professional licensing boards that require fingerprint-based checks — nursing, real estate, financial regulation — will still see the full conviction history. Federal agencies and law enforcement retain complete access.

This is especially relevant for felony-level offenses, where licensing boards may take a harder look than they would with a sealed misdemeanor.

The North Dakota Expungement & Record Sealing Guide covers the complete felony sealing process — from calculating your earliest eligibility date through the hearing preparation and post-sealing enforcement.

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