North Dakota Record Sealing Filing Fee
The Filing Fee Jumped in 2025
If you're reading older blog posts or guides that mention a $30 or $80 filing fee for record sealing in North Dakota, those numbers are outdated. Senate Bill 2057, effective July 1, 2025, increased filing fees across the state court system. The standard fee for civil motions and petitions in district court is now $160, but a conviction-sealing petition filed within the existing criminal case generally avoids that standard civil docket fee.
Here's a breakdown of what you'll actually pay depending on your situation.
Costs by Petition Type
| Petition Type | Filing Fee | Notes |
|---|---|---|
| Conviction sealing (Ch. 12-60.1) in district court | Generally no standard civil docket fee when filed within the existing case | The standard civil motion fee under SB 2057 is $160 |
| Conviction sealing in municipal court | Varies | Check with the specific municipal court clerk |
| Nonconviction closure (§ 12-60.1-05) | $0 | Explicitly fee-free by statute |
| Municipal court denial appealed to district court | $0 | Specifically exempted from filing fees |
| BCI criminal history check (SFN 50744) | $15 | Required before filing — needed to verify your record |
Because a conviction-sealing petition is generally filed within the existing criminal case, the standard $160 civil docket fee generally does not apply. Plan for the $15 BCI record check plus copying and mailing costs for serving the prosecutor; confirm any local charge with the clerk.
How Fee Waivers Work
If a court filing fee is assessed and you can't afford it, North Dakota allows you to petition for a waiver under Rules of Civil Procedure Rule 3.2. You'll file two forms alongside your sealing petition:
- Form 1: Petition for Waiver of Filing Fees
- Form 2: Financial Declaration — disclosing cash assets, income sources, and liabilities
The general qualification threshold is household income at or below 125% of the Federal Poverty Level. The applicable dollar amount depends on household size and the current Federal Poverty Level. But approval is entirely at the judge's discretion — meeting the income threshold doesn't guarantee a waiver.
Both forms are available through the North Dakota Court System's legal self-help page. File them at the same time you file your sealing petition; there's no separate process.
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Nonconviction Closures Are Free
If your case ended in a dismissal or acquittal, you're on the nonconviction closure track under § 12-60.1-05. No filing fee can be charged for these petitions — that's set by statute, not court discretion. The state court system even provides the official form (Petition to Close Nonconviction Records) at no cost.
For orders of nonconviction entered on or after August 1, 2025, you don't even need to file — the court record closes automatically 61 days after the order.
How This Compares to Hiring a Lawyer
Local criminal defense firms in North Dakota typically charge $1,500 to $3,500 for record sealing representation. That covers the petition drafting, court filings, prosecutor communications, and the hearing if one is required.
The DIY path's fixed costs begin with the $15 BCI check when the standard civil docket fee does not apply, plus copying and mailing, but you're drafting your own petition from scratch — North Dakota provides no official forms for conviction sealing. A mistake in the petition — like omitting an out-of-state arrest or using the wrong case number — can result in denial and a one-year refiling ban by a district-court judge.
The North Dakota Expungement & Record Sealing Guide gives you the petition structure, proposed order format, and service requirements so you can handle the filing yourself with less risk of a formatting denial.
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