North Dakota Misdemeanor Record Sealing

The 3-Year Path to Sealing a Misdemeanor

A misdemeanor conviction in North Dakota — whether it's a Class A or Class B — is eligible for sealing under Chapter 12-60.1 of the Century Code. The waiting period is three years conviction-free, measured from the date you completed probation, parole, or incarceration (whichever came last).

That's shorter than the five-year wait for felonies, and the filing process is the same. But there are a few misdemeanor-specific details that matter.

Municipal Court vs. District Court

Misdemeanors in North Dakota are prosecuted in either municipal court or district court, and you must file your sealing petition in the court that originally handled your case. This creates a practical difference:

District court misdemeanors: File your petition in the district court that entered the conviction. The standard civil filing fee is $160 (as of July 2025), 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, based on income.

Municipal court misdemeanors: File in the municipal court that convicted you. Filing fees vary by municipality. If the municipal court denies your petition, you can appeal to district court for a fresh (de novo) review — and that appeal is specifically exempted from filing fees.

This appeal right is important. A district court denial is final and can't be appealed further. But a municipal court denial gets you a second chance at the district level.

The Deferred Imposition Shortcut

Many misdemeanor defendants in North Dakota receive a deferred imposition of sentence — the court accepts a guilty plea but defers the actual sentence and places the defendant on probation. If probation is completed successfully, Rule 32.1 of the North Dakota Rules of Criminal Procedure triggers three things automatically, 61 days after probation discharge:

1. The guilty plea is formally withdrawn
2. The case is dismissed
3. The court file is sealed

No petition. No filing fee. No hearing. It happens automatically unless the court explicitly orders otherwise or the prosecutor files a revocation petition within the 60-day window after probation ends.

If you received a deferred imposition and completed probation, check your court records. Your case may already be sealed without you knowing it. If it hasn't been processed — some county clerks experience administrative delays — contact the clerk's office and reference Rule 32.1.

One important exception: DUI and APC offenses cannot receive deferred impositions under North Dakota law. This shortcut doesn't apply to those convictions.

What Changes After Sealing

Once sealed, your misdemeanor conviction is removed from public court searches. Standard employer background checks and landlord tenant screenings using current public data generally won't find it, although a screening vendor may retain an outdated copy. The court portal displays "Internet Access Prohibited" where the case used to appear.

But the BCI's criminal history database isn't covered by sealing orders. If a state licensing board requires a fingerprint-based background check, they'll still see the conviction. Law enforcement and prosecutors also retain access for future cases.

For most misdemeanor holders, though, the practical impact is significant. The people most likely to be checking your record — private employers and landlords — rely on the public court system and commercial screening services that can no longer access your sealed case.

Common Misdemeanor Sealing Questions

Can I seal multiple misdemeanors at once? Each case needs to independently meet the 3-year waiting period, and each petition is filed in the court that handled the original criminal case.

What if my misdemeanor was reduced from a felony? The conviction on your record is what matters, not the original charge. If you were convicted of a misdemeanor, the 3-year waiting period applies.

Do traffic misdemeanors qualify? Standard misdemeanor traffic offenses follow Chapter 12-60.1. But DUI and APC convictions are excluded — those go through the separate § 39-08-01.6 track with a 7-year wait.

The North Dakota Expungement & Record Sealing Guide provides the full filing blueprint for both district court and municipal court misdemeanor sealing.

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