North Dakota Expungement Laws: Record Sealing Under N.D.C.C. § 12-60.1
North Dakota Expungement Laws: Record Sealing Under N.D.C.C. § 12-60.1
North Dakota does not use the term "expungement" in its statutes, but the state gives qualifying residents a path to seal criminal records from public view under North Dakota Century Code chapter 12-60.1, a reform enacted in 2019 and refined by the legislature in 2021 and 2025.
Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.
Jurisdiction scope: This article covers North Dakota state criminal records only. For a national overview, see Expungement Laws by State.
Does North Dakota Have Expungement?
North Dakota does not have a statute labeled "expungement," but it does provide a meaningful record-relief remedy under N.D.C.C. chapter 12-60.1, titled "Sealing Criminal Records." The chapter was enacted by House Bill 1256 during the 66th Legislative Assembly and took effect on August 1, 2019. When people search for "north dakota expungement" or ask "does north dakota have expungement," the answer is that sealing under chapter 12-60.1 is the functional equivalent: a court order that closes the record from public access and lets most people answer "no" to questions about past convictions on job applications. The statute uses the word "seal," so that is the term used throughout this article. Records sealed under chapter 12-60.1 are not physically destroyed; they are placed under court seal and restricted from public disclosure by the clerk and prosecutor.
Who Is Eligible to Petition for Sealing?
Under N.D.C.C. § 12-60.1-02, a person may file a petition to seal a criminal record if one of the following conditions is met (N.D.C.C. § 12-60.1-02):
- The person was convicted of a misdemeanor and has not been convicted of any new crime in the three years before filing the petition.
- The person was convicted of a felony and has not been convicted of any new crime in the five years before filing the petition.
- The person received an unconditional pardon from the Governor of North Dakota for the conviction.
The waiting clock starts from the date of the guilty plea or finding of guilt (the conviction date). A 2021 amendment (HB 1196) changed the prior rule, which had run the clock from the date of release from incarceration, parole, or probation, making eligibility earlier under current law. A new conviction at any point during the waiting window resets the clock. The 2021 amendment also clarified that the threshold is the absence of a new conviction during the window, not merely the absence of new charges, which is a more petitioner-friendly standard.
Chapter 12-60.1 does not apply to:
- A felony involving violence or intimidation during the period the offender is prohibited from possessing a firearm under N.D.C.C. § 62.1-02-01(1)(a) (a 10-year period running from the date of conviction or release, whichever is later).
- Any offense for which the person is required to register as a sex offender or offender against children under N.D.C.C. § 12.1-32-15.
Those two exclusions are absolute; no amount of time or rehabilitation removes them under current law.
How to File a Petition to Seal Your Record in North Dakota
The petition process is governed by N.D.C.C. § 12-60.1-03 and § 12-60.1-04. There is no filing fee for a sealing petition under this chapter.
Step 1 - File in the original case. The petition must be filed in the existing criminal case docket, in the district court where the conviction occurred. You cannot file a new civil action.
Step 2 - Include required information. The petition must contain: (a) the petitioner's full legal name and all aliases; (b) all addresses from the date of the offense through the filing date; (c) a statement of reasons the petition should be granted; and (d) the petitioner's complete criminal history in North Dakota, other states, federal courts, and foreign countries, including all prior and pending charges.
Step 3 - Serve the prosecutor. The petition must be served on the prosecuting attorney in accordance with N.D.R.Crim.P. Rule 49. The prosecutor has 30 days to respond or object.
Step 4 - Attend the hearing. The court holds a hearing at which it considers: the seriousness of the underlying offense; the risk the petitioner poses to society; the time elapsed since the offense; evidence of rehabilitation; aggravating or mitigating circumstances; the petitioner's criminal history, employment history, and community involvement; recommendations from law enforcement, corrections officials, prosecutors, and people familiar with the petitioner; and the views of any victims.
Step 5 - Court decision. If the court grants the petition, it issues an order sealing the case file. Under the 2021 amendment, if the court denies the petition it must state its reasons in writing. Under 2025 HB 1263, a denial may be appealed to the North Dakota Supreme Court, and a new petition may be re-filed after one year from denial (reduced from the prior three-year waiting period).
The Deferred Imposition of Sentence: Automatic Sealing Path
A separate and faster path exists for people who received a deferred imposition of sentence under N.D.R.Crim.P. 32.1 (codified in part at N.D.C.C. § 12.1-32-07.1). Under this arrangement, the court defers entry of a sentence and places the defendant on probation. If the defendant completes probation without a violation, the following occur automatically:
- The guilty plea is withdrawn or the guilty verdict is set aside.
- The case is dismissed.
- The court file is sealed 61 days after the expiration or termination of probation.
This automatic sealing applies to infractions, misdemeanors, and, following recent rule amendments, felony deferred cases as well. Records sealed under N.D.R.Crim.P. 32.1 are confidential by operation of court rule; no separate petition under chapter 12-60.1 is needed. However, the underlying BCI record may still reflect the arrest and deferred disposition, so individuals should follow up with the Bureau of Criminal Investigation to verify what background-check databases show.
What Sealing Does and Does Not Do
A sealing order under N.D.C.C. ch. 12-60.1 closes the court file from public view. The clerk of court and prosecutor are prohibited from disclosing the existence or contents of a sealed record. A person whose record is sealed may generally state in most contexts that they have not been convicted of the offense.
However, sealing under chapter 12-60.1 has important limits:
- BCI records are not sealed. The North Dakota Bureau of Criminal Investigation maintains criminal history records for law enforcement purposes. A judge's order sealing court records does not prohibit access to arrest records, disposition data, or other information held in BCI databases.
- Law enforcement access continues. Criminal justice agencies retain access to sealed records for law enforcement purposes.
- Federal records are unaffected. If the conviction was prosecuted in federal court, the North Dakota sealing order has no effect on federal records.
- Certain licensing boards may still inquire about sealed records for regulated professions; check the rules of the specific licensing authority.
Because the BCI limitation is significant, individuals who are sealed under chapter 12-60.1 may find that commercial background-check services that source from BCI still return results. This is a known gap in the current law.
Disclaimer
The information in this article is provided for general educational purposes about North Dakota criminal record sealing law as of May 29, 2026. Laws change. This article has not been reviewed by a licensed attorney and does not constitute legal advice. Every person's situation is different. Consult a licensed North Dakota attorney before filing any petition to seal a criminal record.
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Sources
Official North Dakota government sources used to research this article include the North Dakota Century Code and the North Dakota Court System self-help materials.
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RecordingLaw.com provides legal information, not legal advice. Always consult a licensed North Dakota attorney for guidance specific to your situation.