North Dakota Second Chance Law

What North Dakota Offers for Record Relief

North Dakota doesn't have a single law called a "second chance law." Instead, the state's record relief framework is spread across several statutes and court rules, each targeting different types of records. Together, they provide multiple pathways to limit public access to criminal records — though none of them provide complete erasure for adult convictions.

The core statutes are Chapter 12-60.1 of the North Dakota Century Code (conviction sealing), § 12-60.1-05 (nonconviction closure), and § 39-08-01.6 (DUI/APC sealing). Understanding which one applies to your case is the first step.

Chapter 12-60.1: The Main Conviction Sealing Statute

This is the primary record-sealing law for adult misdemeanor and felony convictions. It allows a person to petition the court to seal their criminal record after completing their sentence and waiting period — 3 years for misdemeanors, 5 years for felonies, measured from full release from incarceration, parole, or probation.

The petition must be filed in the original court. There is no centralized application. The court weighs whether the benefit to the petitioner outweighs the constitutional presumption of open court records, using a clear and convincing evidence standard.

Key exclusions: registerable sex offenses and violent felonies during the 10-year firearm-ban period cannot be sealed under this chapter.

HB 1166: The 2025 Nonconviction Overhaul

House Bill 1166, enacted by the 69th Legislative Assembly and effective August 1, 2025, is the most significant recent change to North Dakota's record relief landscape. It fundamentally changed how dismissed and acquitted cases are handled:

For orders of nonconviction entered on or after August 1, 2025: The court record is automatically closed 61 days after the order of nonconviction. No petition required, no fee, no action from the defendant. The record is shielded from remote public name searches.

For orders of nonconviction entered before August 1, 2025: Closure is not automatic. You must file a Petition to Close Nonconviction Records in the original court. The state provides an official form for this. No filing fee is charged, and if you meet the criteria, the court must enter the order within 10 days.

Four exclusions apply: dismissals resulting from a plea deal with a conviction on another offense in the same or a companion case, cases dismissed due to unfitness to proceed, not-guilty-by-reason-of-lack-of-criminal-responsibility verdicts, and cases currently on appeal.

Does North Dakota Have a Clean Slate Law?

Not yet, and this is an important distinction. "Clean slate" laws in other states (like Pennsylvania, Michigan, and Utah) provide for automatic sealing of eligible convictions without any petition or court filing. North Dakota has not enacted a clean slate law for convictions. The 2025 Legislative Assembly authorized an interim study to analyze the feasibility, costs, and benefits of automated sealing for the 2025-2026 session — but no legislation has been enacted.

The automatic closure under HB 1166 applies only to nonconvictions (dismissals and acquittals). All conviction sealing remains strictly petition-based, requiring the individual to draft their own petition, pay the $160 filing fee, serve the state's attorney, and satisfy the court under the statutory standard; a hearing may be waived if the prosecutor stipulates to sealing.

The DUI Sealing Track (§ 39-08-01.6)

DUI and Actual Physical Control convictions are explicitly excluded from Chapter 12-60.1. They have their own sealing statute with stricter requirements: a 7-year conviction-free period, the offense must have occurred after December 31, 2004, and CDL holders are ineligible. When these conditions are met, the court is required to seal the record.

What These Laws Don't Do

All of North Dakota's record relief statutes share a common limitation: they seal or close court records from public view, but they do not delete records from the BCI criminal history database. Law enforcement, prosecutors, courts, and professional licensing boards with fingerprint-based check authority retain full access to sealed records.

For a practical walkthrough of which statute applies to your case and how to navigate the filing process, the North Dakota Expungement & Record Sealing Guide covers all tracks — standard conviction sealing, nonconviction closure, DUI sealing, and deferred imposition — in one place.

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