North Dakota Background Check Laws (2026 Guide)

North Dakota regulates background checks through N.D.C.C. Chapters 12-60, 12-60.1 and 12.1-33 and the federal FCRA. Its ban-the-box law, N.D.C.C. Section 12.1-33-02.2, applies to public employers only; no North Dakota statute restricts when private employers may ask about criminal history. Non-conviction records are limited to seven years for positions paying under $75,000.

Last verified: September 2026. This page reflects current North Dakota Century Code Chapters 12-60, 12-60.1 and 12.1-33, along with federal FCRA requirements.

Table of Contents

• Overview of North Dakota Background Check Laws
• Ban the Box: Criminal History and Employment Applications
• The FCRA and North Dakota Background Checks
• Lookback Periods and Reporting Limits
• Criminal Record Sealing in North Dakota
• Employer Background Checks
• Housing and Tenant Screening
• Professional and Occupational Licensing
• Firearm Background Checks
• How to Request a Background Check in North Dakota
• Recent Changes and Pending Legislation
• Frequently Asked Questions

Overview of North Dakota Background Check Laws

North Dakota regulates background checks through a combination of state statutes and federal law. Employers, landlords, licensing boards, and other entities that screen individuals must follow specific rules about what information they can access, when they can ask about criminal history, and how they can use that information in decision-making.

The primary state laws governing background checks are N.D.C.C. Chapter 12-60, which creates the Bureau of Criminal Investigation and sets the rules for who may receive a criminal history record and what it may contain; N.D.C.C. Chapter 12.1-33 (rights of persons with convictions), which holds the ban-the-box and licensing provisions; and N.D.C.C. Chapter 12-60.1 (sealing criminal records). At the federal level, the Fair Credit Reporting Act (FCRA) sets baseline requirements that apply to every background check conducted by a consumer reporting agency.

North Dakota's Bureau of Criminal Investigation (BCI), housed within the Office of the Attorney General, serves as the state's central repository for criminal history records. The BCI maintains a database of arrests, prosecutions, and dispositions reported by law enforcement agencies and courts throughout the state.

Understanding these laws matters whether you are an employer running pre-employment screening, a landlord evaluating a rental applicant, or an individual seeking to understand your own rights. This guide covers each major area in detail.

Ban the Box: Criminal History and Employment Applications

North Dakota's ban-the-box law is codified at N.D.C.C. Section 12.1-33-02.2. Under this statute, a public employer may not inquire into or consider the criminal record or criminal history of an applicant for public employment until the applicant has been selected for an interview by the employer.

Public Employer Requirements

The statute defines "public employer" as the state or a county or city government, or an instrumentality or agency of the state or of a county or city government. The definition expressly includes a park district but does not include a school district.

An employer within that definition cannot ask about criminal history on an initial employment application. The restriction delays the criminal history inquiry to the interview stage, giving applicants a chance to be evaluated on their qualifications first.

There are exceptions to this rule. The North Dakota Department of Corrections and Rehabilitation is exempt. Public employers that have a statutory duty to conduct criminal history background checks, or that are otherwise required to consider criminal history during the hiring process, are also exempt.

Private Employer Coverage

North Dakota has not extended ban-the-box protections beyond the public sector. No provision of Chapter 12.1-33 restricts private employers, so a private North Dakota employer may lawfully ask about criminal history at any stage of hiring, subject only to the federal FCRA and anti-discrimination law.

Chapter 12.1-33 contains no private-employer provision and no employee-count threshold of any kind. If you have read that small North Dakota businesses are exempt from a state ban-the-box rule, that is a description of some other state's law: there is no rule here for them to be exempt from.

Exceptions and Limitations

Even with ban-the-box protections in place, employers can still conduct background checks later in the hiring process. The law does not prevent an employer from considering criminal history; it only controls when that inquiry happens. If federal, state, or local law prohibits hiring someone with a specific conviction for a particular position, the ban-the-box restrictions do not apply to that position.

The FCRA and North Dakota Background Checks

The federal Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.) governs how consumer reporting agencies collect, share, and use background check information. Every employer in North Dakota that uses a third-party screening company must comply with the FCRA.

Employer Obligations Under the FCRA

Before ordering a background check, an employer must provide the applicant with a standalone written disclosure explaining that a background check may be conducted. The applicant must provide written consent. These two requirements, disclosure and authorization, are not optional.

If an employer decides to take adverse action based on information in a background report (such as not hiring someone), the FCRA requires a two-step process. First, the employer must send a pre-adverse action notice that includes a copy of the report and a summary of the individual's rights under the FCRA. The individual then has a reasonable period (typically five business days) to dispute any inaccuracies. If the employer proceeds with the adverse action, a final adverse action notice must be sent.

Consumer Reporting Agency Requirements

Consumer reporting agencies that compile background check reports must follow strict accuracy and dispute resolution procedures under the FCRA. They must use reasonable procedures to ensure maximum possible accuracy of information. They must also investigate any disputes filed by consumers within 30 days and correct or remove inaccurate information.

Credit Reports in Hiring

North Dakota has no state statute restricting when an employer may request a credit report on an applicant. Employers who use credit reports in hiring are governed by the FCRA alone, and the FCRA rules are the same ones that apply to a criminal history report: standalone written disclosure, written authorization, and the two-step adverse action process.

Chapter 13-10 of the Century Code is sometimes cited as a North Dakota restriction on employment credit checks. It is not one. Chapter 13-10 is the state's Mortgage Loan Originators law, and Section 13-10-03 is titled "License and registration required." It governs who must hold a mortgage loan originator license, not what an employer may ask for. There is no North Dakota statute imposing a "substantially related" standard on employment credit checks.

Lookback Periods and Reporting Limits

Understanding how far back a background check can reach is critical for both employers and applicants. Federal FCRA limits govern reports from consumer reporting agencies, and North Dakota adds a separate limit of its own on what the BCI may release. Employers weighing their monitoring practices should also review the distinct rules that apply when they record workplace conversations.

Seven-Year Rule for Non-Conviction Records

Under the FCRA, consumer reporting agencies cannot report the following types of records if they are more than seven years old:

• Arrests that did not result in a conviction
• Civil lawsuits and civil judgments
• Tax liens (from the date of payment)
• Accounts placed for collection
• Other adverse items (excluding criminal convictions)

This seven-year restriction applies to positions where the expected annual salary is less than $75,000. For positions paying $75,000 or more, there is no time limit on reporting these items.

North Dakota's Three-Year Limit on BCI Records

North Dakota does not limit how far back a criminal conviction can be reported, and under the FCRA convictions can be reported indefinitely, regardless of how long ago the conviction occurred or the salary of the position.

The state does impose a limit of its own on what the BCI itself may release. Under N.D.C.C. Section 12-60-16.6, only the bureau may disseminate a criminal history record to a requester outside the criminal justice system, and it may do so only if the record has not been purged or sealed and the information is either a conviction or a reportable event occurring within the three years preceding the request. An arrest that never became a conviction therefore drops off a BCI record check three years after the event, even though a private screening company working from court records may still report it for seven years under the FCRA.

Section 12-60-16.8 adds a notice rule that applicants should know about: if the bureau releases a record without an authorization signed by the record subject, the bureau must mail notice of that release to the person whose record it is.

Practical Impact

For job applicants, this means that a decades-old felony conviction that has not been sealed can still appear on a consumer background report. Employers using older convictions in hiring decisions should be aware that the EEOC has issued guidance recommending individualized assessments that consider the nature of the offense, the time elapsed, and the relevance to the position.

The only way a conviction disappears from a background check is through record sealing or expungement. If a record has been sealed under N.D.C.C. Chapter 12-60.1, it should not appear on a standard background report, although under Section 12-60.1-04(8) the information must still be released when an entity has a statutory obligation to conduct a criminal history background check.

Criminal Record Sealing in North Dakota

North Dakota's record sealing law, codified in N.D.C.C. Chapter 12-60.1, allows individuals to petition a court to seal certain criminal records. Under Section 12-60.1-01(7), to "seal" a record means to prohibit disclosure of the existence or contents of the court or prosecution records unless a court order authorizes it.

Sealing does not reach everything. Section 12-60.1-01(4) defines the "criminal record" this chapter seals as court and prosecution records, and expressly excludes the criminal history record information the BCI holds. That distinction drives most of what follows.

Eligibility Requirements

Not all records are eligible. Under N.D.C.C. Section 12-60.1-02(2), and except as provided in Section 12-60.1-05, the chapter does not apply to:

• A felony offense involving violence or intimidation, during the period in which the offender is ineligible to possess a firearm under N.D.C.C. Section 62.1-02-01(1)(a)
• An offense for which the offender has been ordered to register under N.D.C.C. Section 12.1-32-15 (sex offender registration)

Two features of that list are frequently reported wrongly. The violence-or-intimidation bar reaches felonies only, so a misdemeanor is not excluded by it. And that bar is time-limited rather than permanent: it applies only while the firearm disqualification is running. There is no separate statutory category for "crimes involving a dangerous weapon" or "crimes against children." Conduct of that kind can matter through the felony violence bar, the registration bar, or the court's discretionary factors, but it is not a category of automatic ineligibility.

For eligible offenses, the petitioner must demonstrate good cause, show evidence of reformation, and convince the court that the benefit to the petitioner outweighs the presumption of openness of the criminal record. The standard of proof is clear and convincing evidence.

Waiting Periods

N.D.C.C. Section 12-60.1-02(1) sets the waiting period by offense class. A person who pled guilty to or was found guilty of a misdemeanor may petition after going at least three years without a new conviction. For a felony, the period is at least five years without a new conviction. Separately, a person granted an unconditional pardon of the conviction by the governor may file a petition on that basis.

There is no one-year track in North Dakota. The waiting period runs on staying conviction-free before filing, and it is not the only timing hurdle: the court must also find that the petitioner has completed all terms of imprisonment and probation for the offense and paid all court-ordered restitution.

The court considers several factors when evaluating a petition, including the potential risk the individual poses to society, the time elapsed since the offense, rehabilitation efforts, aggravating or mitigating circumstances, criminal record, employment history, and community involvement, along with recommendations from law enforcement, prosecutors, corrections officials, and victims.

Effect of Sealed Records

Chapter 12-60.1 does not give a person with a sealed record any right to deny that the conviction happened. No provision of the chapter says so, and Section 12-60.1-04(8) points the other way: the sealing order must state that the petitioner is sufficiently rehabilitated but remains subject to Section 12.1-33-02.1, and must release the information when an entity has a statutory obligation to conduct a criminal history background check. Treat a sealed conviction as removed from ordinary public view, not as erased.

What sealing does accomplish is real. It prohibits disclosure of the sealed court and prosecution records absent a court order, so those records should not surface through the channels an employer, landlord, or screening company normally uses.

Two limits remain. Criminal history record information reported to the BCI is outside the definition of the record this chapter seals, so law enforcement and authorized government entities may still access it. And an employer or licensing board operating under a statutory background-check mandate is entitled to receive the information despite the seal.

Expungement (Limited Availability)

North Dakota distinguishes between sealing and expungement. Expungement means the permanent destruction of the record. Unlike sealing, expungement is available only in narrow circumstances:

• Juvenile offenses
• Possession of less than one ounce of marijuana
• Records related to victims of human trafficking
• Unconstitutional arrests

For most individuals, sealing rather than expungement is the available remedy.

Employer Background Checks

Employers in North Dakota have several options when conducting background checks on job applicants and current employees. The scope and process depend on the type of check and the legal requirements for the position.

Types of Employment Background Checks

Employers commonly run criminal history checks, employment verification, education verification, reference checks, and credit checks. For certain regulated industries, additional checks such as drug testing, motor vehicle records, and professional license verification may be required.

State Criminal History Checks Through the BCI

The North Dakota Bureau of Criminal Investigation offers name-based and fingerprint-based criminal history record checks. A name-based search looks for records matching the subject's name, date of birth, and other identifiers. A fingerprint-based search provides more comprehensive results because it can identify records even when the subject used an alias.

Employers requesting a BCI check must submit the required form with a $15 fee (payable by check or money order to "ND Attorney General"). That fee is set by statute in N.D.C.C. Section 12-60-16.9. Processing takes approximately 7 to 10 business days. Employers should note that the BCI cannot receive electronically transmitted fingerprints; fingerprint cards must be mailed or delivered.

Title VII Compliance

In addition to state law, employers must comply with Title VII of the Civil Rights Act of 1964. This federal law prohibits workplace discrimination based on race, color, religion, sex, or national origin. Employers cannot selectively conduct background checks on applicants based on protected characteristics. A background check policy must be applied consistently to all applicants for the same position.

The EEOC has also issued guidance noting that blanket policies disqualifying all applicants with any criminal record can have a disparate impact on certain racial and ethnic groups. Employers should conduct individualized assessments when using criminal history in hiring decisions.

Housing and Tenant Screening

Landlords in North Dakota are permitted to conduct background checks on prospective tenants, but they must follow federal and state rules governing the process.

Consent and Disclosure Requirements

Before running a background check on a prospective tenant, a landlord must obtain the tenant's written consent. This requirement comes from the federal FCRA. Landlords cannot run credit checks, criminal history checks, or eviction history searches without a signed authorization form from the applicant.

Permissible Screening Criteria

Landlords can screen for criminal history, credit history, rental history, and eviction records. Eviction records can be searched up to seven years prior to the request. Criminal background information may be used in screening decisions, but landlords cannot apply blanket policies that deny housing to all individuals with any criminal record.

Fair Housing Considerations

Federal fair housing laws prohibit discrimination in housing based on race, color, national origin, religion, sex, familial status, and disability. The U.S. Department of Housing and Urban Development (HUD) has issued guidance stating that blanket criminal history bans in housing can violate the Fair Housing Act if they disproportionately affect protected classes.

Certain convictions, particularly registered sex offenses, provide valid grounds for denial. However, arrests that did not lead to convictions generally should not be used as a basis for denying housing.

Handling Adverse Information

If a landlord denies a rental application based on information obtained through a consumer reporting agency, the FCRA requires the landlord to provide the applicant with an adverse action notice. This notice must identify the screening company, inform the applicant of their right to dispute inaccurate information, and explain that the screening company did not make the rental decision.

Professional and Occupational Licensing

North Dakota requires background checks for many professional and occupational licenses. These checks are generally more extensive than standard employment screening.

Statutory Framework

Under N.D.C.C. Section 12.1-33-02.1, a prior criminal conviction does not automatically bar a person from obtaining a state-issued professional license. The statute establishes that a conviction is disqualifying only if the person has not been sufficiently rehabilitated, or if the offense has a direct bearing on the person's ability to serve the public in that specific occupation, trade, or profession.

Completion of five years after final discharge or release from any term of probation, parole, other form of community corrections, or imprisonment, without a subsequent conviction, is deemed prima facie evidence of sufficient rehabilitation under this statute. If a board does disqualify an applicant based on a conviction, Section 12.1-33-02.1(3) requires the disqualification to be in writing, to state the evidence and the reasons, and to be sent to the applicant by certified mail.

Fingerprint-Based Checks and Who May Receive Them

N.D.C.C. Section 12-60-24 is the authority for fingerprint-based statewide and nationwide criminal history record checks. It requires the applicant to give written consent and two sets of fingerprints, and it lists the specific agencies, boards, and entities to which the BCI may provide FBI and statewide results. A board that is not on that list cannot obtain a nationwide check under this section.

Licensing Board Requirements

Individual licensing boards set their own requirements within the statutory framework. Common examples include:

• Board of Nursing: Requires a Criminal History Record Check (CHRC) for all license applicants. Fingerprint-based checks are required and must include both state and FBI databases.
• Dental Board: Requires a criminal history background check before licensure.
• Medical Imaging and Radiation Therapy Board: Requires a CHRC as part of the application process.

Disclosure Obligations

Disclosure duties are set board by board, not by a single statewide rule. Section 12.1-33-02.1 is a rehabilitation and direct-bearing standard governing what a board may do with a conviction once it knows about it; it does not itself impose a universal duty to disclose every conviction. Check the specific board's application and administrative rules for what must be reported, how far back, and how a sealed record is treated.

Where a board does require disclosure, failing to disclose a conviction, charge, arrest, or disciplinary action is typically independent grounds for denial or revocation, separate from the underlying offense. Many boards also impose a continuing duty after licensure to report new charges, convictions, or disciplinary actions, including those arising in other states.

Firearm Background Checks

North Dakota follows federal law for firearm background checks but does not impose additional state-level requirements.

Federal Requirements

Licensed firearm dealers (Federal Firearms Licensees, or FFLs) must conduct background checks through the National Instant Criminal Background Check System (NICS) before transferring a firearm. North Dakota is not a point-of-contact state, meaning all NICS checks are processed directly through the FBI rather than a state agency.

Private Sales

North Dakota does not require background checks for private firearm sales between individuals. There is no state permit-to-purchase requirement and no waiting period for firearm purchases.

Concealed Carry Permit Exemption

Holders of North Dakota concealed weapons licenses qualify for an exemption from the NICS background check when purchasing a firearm from a licensed dealer. This is because the concealed carry permit application process already includes a background check that meets ATF standards. Under N.D.C.C. Section 12-60-24(3), the BCI conducts a statewide and nationwide criminal history record check, including a NICS inquiry, for every initial concealed weapons license and every renewal.

Disqualifying Factors

Federal law under 18 U.S.C. Section 922(g) prohibits certain individuals from possessing firearms, including those convicted of felonies, those subject to certain domestic violence restraining orders, and those convicted of misdemeanor crimes of domestic violence. These federal prohibitions apply in North Dakota.

How to Request a Background Check in North Dakota

The process for requesting a background check depends on who is making the request and the purpose of the check.

Individual Self-Checks

North Dakota residents can request their own criminal history record from the BCI. This can be useful for individuals who want to know what will appear on a background check before applying for a job or license. The request requires the completed form and a $15 fee submitted to the Attorney General's office.

Employer Requests

Employers must follow FCRA requirements (disclosure, consent, and the adverse action process) when using a third-party consumer reporting agency. For direct BCI checks, employers submit the request form with the subject's written authorization and the required fee. If the request does not carry the record subject's signed authorization, the bureau must notify the record subject that it released the record.

Online System for Health and Human Services

As of November 2025, North Dakota Health and Human Services (NDHHS) background checks transitioned to an online system through the ND Gateway Portal. This change streamlines the process for providers, childcare facilities, and other entities required to conduct background checks through NDHHS.

Processing Times and Costs

A standard BCI name-based state record check costs $15 under N.D.C.C. Section 12-60-16.9 and takes approximately 7 to 10 business days. The same section sets a $15 fee for processing the biometric data needed for a nationwide record check, and reduced $5 fees for certain checks run for charitable nonprofits serving minors and for volunteers serving vulnerable elderly adults. Fingerprint-based checks that include an FBI database search take longer than name-based checks, so employers and licensing boards should plan accordingly when building screening timelines into their hiring or application processes.

Recent Changes and Pending Legislation

North Dakota has been actively updating its background check and criminal record laws in recent legislative sessions.

Automatic Closure of Nonconviction Records

N.D.C.C. Section 12-60.1-05 now closes nonconviction records without anyone having to ask. If a court enters an order of nonconviction on or after August 1, 2025, the court must close the court record when 61 days have passed. For a case disposed of before that date, the defendant may petition to have the record closed, and no filing fee may be charged for that petition. The section does not apply where the dismissal came out of a plea agreement involving a conviction on another offense, where the case was dismissed on a fitness-to-proceed finding, where the verdict was not guilty for lack of criminal responsibility, or where the case was appealed.

HB 1314 (2025 Session): Record Sealing Study

During the 2025 legislative session, the North Dakota legislature passed HB 1314, which directed the legislative management to study expanding access to criminal record sealing during the 2025-2026 interim. The study covers three key areas:

1. Automating the record sealing process for individuals already eligible under N.D.C.C. Chapter 12-60.1
2. Expanding eligibility for record sealing to additional offenses
3. Evaluating the costs and benefits of creating expungement processes alongside or instead of the current sealing framework

The study results and any recommended legislation will be presented to the next Legislative Assembly. This could lead to significant changes, potentially including automatic "clean slate" record sealing in North Dakota.

NDHHS Background Check System Modernization

In November 2025, North Dakota Health and Human Services moved its background check process online through the ND Gateway Portal. This modernization effort affects providers, foster care applicants, childcare workers, and other individuals who are required to undergo NDHHS-administered background checks.

Updated CHRC Request Forms

The Criminal History Record Check (CHRC) request form was updated in 2025, and the prior version is no longer accepted. Individuals submitting background check requests to the BCI or professional licensing boards should confirm with the Attorney General's office that they are using the current version of the form.

National Trends Affecting North Dakota

Across the country, states are increasingly adopting automatic record sealing (clean slate) laws. North Dakota's HB 1314 study positions the state to potentially join this trend. Employers, landlords, and licensing boards should monitor legislative developments that could affect what records are available through standard background checks.

Frequently Asked Questions

Does North Dakota have a ban-the-box law for private employers?

No. North Dakota's ban-the-box statute, N.D.C.C. Section 12.1-33-02.2, applies to public employers only, defined as the state or a county or city government and their instrumentalities and agencies. Private employers in North Dakota are not restricted by state law in when they may ask about criminal history, though the federal FCRA still governs how consumer reports are obtained and used. Chapter 12.1-33 contains no employee-count threshold, so there is no small-business exemption because there is no rule for private employers to be exempt from.

How far back can a background check go in North Dakota?

Criminal convictions can be reported indefinitely under both federal and North Dakota law. Non-conviction records such as arrests without convictions are limited to seven years under the FCRA for positions paying less than $75,000 annually. A BCI state record check is narrower than a private screening report: under N.D.C.C. 12-60-16.6 the bureau may release a conviction, but a non-conviction reportable event only if it occurred within the three years preceding the request. Sealed records should not appear on a standard background check at all.

How do I get my criminal record sealed in North Dakota?

You must file a petition in the court where the original case was handled, under N.D.C.C. Chapter 12-60.1. You need to meet the waiting period, which is three years without a new conviction for a misdemeanor and five years for a felony, or hold an unconditional pardon from the governor. You must also have completed all imprisonment and probation, paid all court-ordered restitution, demonstrate reformation, and show that the benefit of sealing outweighs the presumption that criminal records stay open. The chapter does not apply to a felony involving violence or intimidation while the offender remains ineligible to possess a firearm, or to an offense requiring sex offender registration.

Can a landlord in North Dakota deny housing based on a criminal record?

A landlord can consider criminal history when screening tenants, but cannot apply a blanket policy denying all applicants with any criminal record. The landlord must obtain written consent before running a background check and must follow FCRA adverse action procedures if denying an application based on screening results. Federal fair housing laws also limit how criminal history can be used in housing decisions.

Does a sealed record show up on a North Dakota background check?

Sealed records should not appear on standard background checks, because sealing prohibits disclosure of the existence or contents of the sealed court and prosecution records without a court order. North Dakota law does not give you a right to deny that a sealed conviction exists; no provision of Chapter 12-60.1 creates one. Criminal history record information held by the BCI falls outside the definition of the record that is sealed, and under N.D.C.C. 12-60.1-04(8) the information must still be released when an entity has a statutory obligation to conduct a criminal history background check.