North Dakota Record Sealing and Criminal History

North Dakota’s main adult relief statute is titled “Sealing Criminal Records,” not expungement. That wording matters. A court may seal certain court and prosecution records, but the state Bureau of Criminal Investigation maintains a separate criminal-history system. The Attorney General explains that sealing a court record does not remove a conviction from that state criminal-history record. A guide that calls both outcomes “expungement” can leave people expecting more than the law provides.

Two records, two different outcomes

North Dakota Century Code Chapter 12-60.1 defines a criminal record for purposes of the chapter as court and prosecution records. It expressly excludes criminal-history information held under the separate criminal-history statutes and criminal-justice data systems. “Seal” means preventing disclosure of the existence or contents of court or prosecution records unless authorized by court order. The statute does not describe this as deleting every record held by government agencies; see N.D.C.C. ch. 12-60.1 and the Attorney General’s explanation.

This distinction is especially important after a conviction. The current statute allows an individual to petition to seal a misdemeanor after at least three years without a new conviction, or a felony after at least five years without a new conviction, subject to the statute’s exceptions. The chapter excludes certain offenses, including specified violent felonies during a firearm-disqualification period and offenses requiring sex-offender registration. The time window is only one threshold. The court may grant relief only on clear and convincing evidence of good cause, rehabilitation, completed imprisonment and probation, paid restitution, and a benefit that outweighs the presumption of openness. The petition must include a proposed order, be served on the prosecutor, and may require a hearing. See Sections 12-60.1-02 through 12-60.1-04. The Collateral Consequences Resource Center also summarizes the conviction-sealing mechanism. These broad categories do not determine whether a particular case qualifies.

North Dakota has a separate rule for closing nonconviction court records. Under N.D.C.C. § 12-60.1-05, a court record is closed 61 days after a qualifying nonconviction order entered on or after August 1, 2025. For eligible cases disposed of before that date, the defendant may petition; if requirements are met, the court must close the record within 10 days, and no filing fee may be charged. Exceptions apply, including dismissals tied to plea agreements with another conviction, certain competency findings, and appealed cases. Closure covers the court record and does not itself erase separate BCI criminal-history records. A dismissal, acquittal, diversion, or deferred matter can have different consequences, so identify the actual disposition before relying on a form. The North Dakota Supreme Court’s August 2025 research guide provides additional process context.

Petition and court process

The statute directs a conviction-record sealing petition to the existing criminal case. It must include the information required by Section 12-60.1-03 and comply with court rules, including redaction requirements. The court may hold a hearing under Section 12-60.1-04. The statute’s conditions and the court’s balancing are case-specific, so the steps below are an orientation, not filing instructions for a specific person.

1. Get the official case history. Identify each case, charge, and final disposition. Obtain the court docket or certified disposition through the clerk for the county where the case was filed. Keep court records separate from a state criminal-history report.
2. Read Chapter 12-60.1 and the current court research guide together. The statutes define covered records and grounds; the court guide links the relevant court rules and explains its research scope. Confirm the version and section before preparing anything.
3. Ask a North Dakota lawyer about criminal-case procedure. The Legal Self Help Center expressly says it cannot assist with criminal matters. Its forms may not be official court forms, and the court does not have to accept every self-help document. The Center’s public-access restriction packet warns that the packet does not expunge or seal all records.
4. Confirm filing and notice requirements with counsel or the court’s published instructions. Chapter 12-60.1 governs petition details and hearings. The North Dakota courts do not offer a one-size-fits-all expungement packet that eliminates the need to verify the statute and local procedure.

The statute does not impose one general statewide filing charge in the sections reviewed for this guide. Ask the clerk about current filing costs and any process to request a waiver before submitting a petition. Avoid relying on old forms or secondary summaries for current deadlines.

Background checks and later use

A sealed court file may become less visible in public court systems, but that does not mean every background check will return no result. The Attorney General specifically cautions that conviction information remains in the state criminal-history record. The legal effect of a sealed record can also differ depending on who is asking and for what purpose. Do not assume that an application question may be answered a particular way without reviewing the governing law and, when needed, getting legal advice.

Private screening companies may also retain older copies or records from other sources. If a report is inaccurate, the Fair Credit Reporting Act provides a separate dispute process for consumer reports; that federal process does not replace North Dakota sealing law. Keep copies of any order and check the systems the order actually covers.

Free and lower-cost legal help

North Dakota’s Legal Self Help Center can explain civil court process but says it cannot provide legal advice or help with criminal matters. Legal Services of North Dakota also says it does not represent clients in criminal matters. For a criminal-record sealing question, the court and Attorney General pages recommend consulting a North Dakota attorney. The North Dakota Courts describe the State Bar’s Lawyer Referral Service as a way to locate a lawyer; it is a referral service, not free legal representation. The Legal Self Help Center lists it separately from free criminal-defense counsel, which is available only to people charged with a crime and is not identified as a record-sealing service. Ask a lawyer directly whether they handle record sealing and what a consultation costs. The sources reviewed do not identify a statewide free legal-aid program that accepts these post-conviction matters.

Common questions

Does North Dakota erase conviction records after a set number of years?

No general “erase after time” rule is stated in Chapter 12-60.1. The statute provides a petition process to seal certain court and prosecution records, while BCI criminal-history records remain a separate system.

Can I use the court’s “prohibit public access” form as an expungement?

No. The North Dakota court packet itself says it does not expunge or seal criminal records. It addresses public access to a court record and refers readers to separate legal research for expungement and sealing.

Will sealing make a conviction disappear from every background check?

The Attorney General says a conviction remains on the state criminal-history record even if the court file is sealed. Do not assume the order affects another database or jurisdiction.