North Dakota Record Sealing Forms

The Form That Exists — and the One That Doesn't

Here's the frustrating reality: North Dakota provides an official form for closing nonconviction records (dismissals and acquittals), but provides absolutely no standardized forms for sealing criminal convictions. The North Dakota Legal Self Help Center explicitly states that it cannot assist with criminal matters and holds self-represented filers to the exact same procedural standards as licensed attorneys.

This means if you need to seal a conviction under Chapter 12-60.1, you must draft your own petition and proposed order from scratch.

Nonconviction Closure: The Official Form

For dismissed or acquitted cases, the State Court Administrator's Office publishes a "Petition to Close Nonconviction Records" form. You can download it from the ndcourts.gov legal self-help section. No filing fee is required for these petitions, and if you meet the statutory criteria, the court must enter the closure order within 10 days.

For cases with orders of nonconviction entered on or after August 1, 2025, you don't need to file anything — the court record closes automatically after 61 days under HB 1166. The form is only necessary for older cases.

Conviction Sealing: What You Need to Draft

Under N.D.C.C. § 12-60.1-03, your petition to seal must contain specific structural elements:

The case caption. Match the county, judicial district, and case number from the original criminal file exactly. Filing under the wrong case number or in the wrong court is grounds for denial.

Personal information. Your full legal name, all prior aliases, and a complete chronological list of every residential address you've lived at from the date of the offense to the date of the petition. This is one of the most common stumbling points — omitting an address or alias gives the court reason to question the petition's completeness.

Complete criminal history. A detailed disclosure of your entire criminal record across North Dakota, other states, federal courts, and foreign jurisdictions. This includes all arrests, charges, deferred sentences, and dismissals — not just the case you're asking to seal. Running a BCI check on yourself (SFN 50744, $15) before drafting ensures you don't accidentally omit something.

Good cause declaration. A narrative statement explaining why sealing benefits you enough to outweigh the constitutional presumption of open court records. This is where you demonstrate how the record blocks employment, housing, or licensing opportunities.

The Proposed Order

Your petition must be accompanied by a proposed "Order to Seal Criminal Records" — a document drafted for the judge's signature. This is the actual order the judge signs if they grant your petition. It should reference the specific case number, the offense being sealed, and direct the clerk to restrict public access.

If your petition includes protected personal identifiers (Social Security numbers, financial details), you also need to complete a "Confidential Information Form" to keep those details out of the public court file.

Where to File

File in the specific court that originally handled your case — the municipal court for city ordinance violations or the state district court for state charges. North Dakota does not have a centralized filing system for record sealing. Some counties may require electronic filing through the state's e-filing portal, while rural municipal courts may only accept paper filings by mail or in person. Call the clerk's office to confirm before submitting.

The standard filing fee for a petition in district court is $160 (increased under Senate Bill 2057, effective July 1, 2025). If you can't afford it, file a Fee Waiver Packet under Rule 3.2 — Form 1 (Petition for Waiver) and Form 2 (Financial Declaration) are available on ndcourts.gov.

The North Dakota Expungement & Record Sealing Guide provides the complete structural blueprint for drafting your petition, proposed order, and service documents — filling the gap the state's self-help center leaves open.

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