North Dakota Expungement & Record Sealing Guide
Governing law: N.D.C.C. § 12.1-32-07.2 (sealing); § 12-60-16.6 (criminal record sealing)
Sealing of criminal records available
Who Qualifies for Expungement in North Dakota?
North Dakota allows sealing (not full expungement) of criminal records. Sealed records are not accessible to the public but law enforcement retains access.Who Qualifies
- Dismissed / acquitted charges: Eligible immediately
- Misdemeanor convictions: 3 years after sentence discharge
- Class C and D felony convictions: 5 years after sentence discharge
- Class A and B felony convictions: 10 years (court has discretion)
- No new criminal convictions during the waiting period
- All fines, fees, and restitution paid
Not Eligible
- Sex offenses requiring registration
- Crimes resulting in serious bodily injury or death
- Driving offenses (most)
Step-by-Step: How to Clear Your Record in North Dakota
- Obtain ND criminal record — From ND Bureau of Criminal Investigation (BCI).
- File petition — In the district court of conviction. Fee: ~$75.
- Serve state's attorney — Has 30 days to object.
- Hearing — Scheduled before a judge. The court considers public safety and your rehabilitation.
- Order issued — BCI and agencies seal records.
Waiting Periods
- Dismissed / acquitted: Immediate
- Misdemeanor: 3 years
- Class C/D felony: 5 years
- Class A/B felony: 10 years
Costs
- Filing fee: ~$75
- Attorney fees: $750–$2,500
Legal Services of Northwest Dakota and Southeast Dakota offer free assistance statewide.
What Record Clearing Does (and Doesn't) Do in North Dakota
After a successful expungement or sealing in North Dakota, your record will generally be cleared from:
- Most private employer background checks
- Rental housing background checks
- Most licensing board inquiries (varies by profession)
However, it typically does not affect:
- Federal law enforcement and immigration records
- Military background checks
- Applications for law enforcement positions
- Some professional licensing boards (law, medicine, teaching — varies by state)
- Sex offender registry requirements (in most cases)
Disclaimer: This information is for general educational purposes only and does not constitute legal advice. Laws change frequently. Consult a licensed attorney in North Dakota for advice specific to your situation.
Want professional help with your North Dakota expungement?
An expungement attorney can handle the paperwork, catch eligibility issues you might miss, and significantly increase your chances of approval. Use a trusted attorney directory to find licensed counsel in North Dakota.
These are independent attorney directories. Clean Slate Guide does not provide legal services.