Question 1

Can you get a criminal record expunged in North Dakota?

Accepted Answer

North Dakota mainly offers "sealing" of criminal records. Sealed court and prosecution records are not deleted or destroyed, but their existence and contents may not be disclosed without a court order. Court records in cases that ended with dismissal or acquittal can be "closed." True expungement (destruction) is available only in limited situations, such as records of human-trafficking victims, certain juvenile court records, DNA profiles, and unconstitutional arrests. Separate rules allow sealing of a first DUI record. The Governor, advised by the Pardon Advisory Board, can grant pardons.

Question 2

Can you clear an arrest or dismissed charge in North Dakota?

Accepted Answer

When all charges in a case are dismissed, or the person is acquitted of all charges, that is a "nonconviction." For nonconviction orders entered on or after August 1, 2025, the court closes the court record automatically after 61 days. For cases that ended before August 1, 2025, the defendant may petition the court to close the record. If the requirements are met, the court must enter an order closing it within 10 days. This does not apply if the dismissal was part of a plea deal involving a conviction on another offense, if the case was dismissed because the person was found not fit to proceed, if the verdict was not guilty because of lack of criminal responsibility, or if the case was appealed. Closed records can still be seen by clerks, judges, criminal justice agencies, the defendant and their lawyer, the state's attorney, and anyone with a judge's written order.

Question 3

Can a misdemeanor be expunged in North Dakota?

Accepted Answer

A person who pled guilty to or was found guilty of a misdemeanor may petition to seal the record if they have not been convicted of a new crime for at least three years before filing. A person who received an unconditional pardon from the Governor may also petition. Offenses that require sex-offender or offender-against-children registration are excluded. Before granting a petition, the court must find by clear and convincing evidence that the person has completed all jail and probation terms, paid all court-ordered restitution, shown good cause and rehabilitation, and that the benefit to the person outweighs the presumption that court records are open.

Question 4

Can a felony be expunged in North Dakota?

Accepted Answer

A person who pled guilty to or was found guilty of a felony may petition to seal the record if they have not been convicted of a new crime for at least five years before filing. Excluded: offenses requiring sex-offender or offender-against-children registration, and felonies involving violence or intimidation during the period the person cannot legally possess a firearm. The Self Help Center describes that period as ten years after conviction or release from incarceration, parole or probation, whichever is latest. The court weighs the same factors as for misdemeanors, including the severity of the crime, risk to society, rehabilitation, and the views of victims and law enforcement.

Question 5

Does North Dakota have automatic record clearing (clean slate)?

Accepted Answer

Court records in cases that end with dismissal or acquittal of all charges (on or after August 1, 2025) are closed automatically 61 days after the nonconviction order. North Dakota has no automatic sealing of conviction records. Convictions require a petition.

Question 6

Can a DUI be expunged in North Dakota?

Accepted Answer

DUI records cannot be sealed through the general chapter 12-60.1 process. A separate law says the court shall seal the criminal record of a DUI conviction if the person has no later DUI or other criminal conviction within seven years of the first violation. This does not apply to commercial drivers. Prosecutors can still use the prior offense to enhance penalties for a later DUI.

Question 7

How do you seal a juvenile record in North Dakota?

Accepted Answer

Juvenile court records are kept and destroyed according to North Dakota Supreme Court rules and policies. Once a juvenile file is finally destroyed, the proceeding is treated as if it never occurred. Most agencies must destroy their related records, and when asked, the child, the court, and most agencies may answer that no record exists. Certain agencies, including the Attorney General, law enforcement, and some state departments, may keep records for as long as their own retention policies allow.

Question 8

How do you file for expungement in North Dakota?

Accepted Answer

File a petition to seal in the existing criminal case (municipal or district court) and include a proposed order. The petition must list all names and aliases, addresses since the offense, the reasons relief should be granted, and the person's full criminal history in every jurisdiction, including earlier requests for pardon, expungement or sealing. The petition must be served on the prosecutor. A hearing cannot be held earlier than 45 days after filing, and the prosecutor seeks input from law enforcement, victims and corrections officials. The prosecutor may agree to sealing without a hearing. If the petition is denied, the court may bar a new petition for up to one year for good cause. Denials can be appealed. The Self Help Center offers no forms or help for sealing convictions, so petitioners prepare their own documents. A state petition form exists only for closing nonconviction court records.

Question 9

How much does expungement cost in North Dakota?

Accepted Answer

The Self Help Center's guide says a filing fee may be required when a petition to seal is filed and tells filers to ask the clerk of court for the amount. No filing fee may be charged for a petition to close nonconviction records. A municipal court denial can be appealed to district court without a filing fee.

Question 10

What happens after a record is expunged or sealed in North Dakota?

Accepted Answer

Sealing bars disclosure of the existence or contents of court and prosecution records without a court order, but the records are not destroyed. Criminal history kept by the Bureau of Criminal Investigation (BCI) and data in the state's criminal justice information-sharing system are not sealed. An order to seal must state that the person is sufficiently rehabilitated, which matters for state occupational licensing. The order must also allow release of the information to any entity that is legally required to run a criminal background check. A court may later order sealed records disclosed.

Question 11

How do you get a pardon in North Dakota?

Accepted Answer

Pardons come from the Governor. The Pardon Advisory Board (five members, including the Attorney General and two Parole Board members) reviews applications and makes recommendations, which take effect only when the Governor signs. The Board meets twice a year, and complete applications are due 90 days before a meeting. Only North Dakota state convictions are eligible, not federal, traffic or tribal offenses. A pardon removes the punishment but does not erase the conviction unless the certificate of pardon says so. A person with an unconditional pardon may petition to seal the record.

Question 12

Can old marijuana convictions be cleared in North Dakota?

Accepted Answer

People convicted of misdemeanor possession of marijuana, ingestion of marijuana, or possession of marijuana paraphernalia who have no other criminal convictions in the past five years may submit a Summary Pardon Application to the Pardon Advisory Board. People with any felony conviction must use the regular pardon application. Separately, for a first conviction for possessing one ounce or less of marijuana (or two grams or less of THC), the court must seal the court record on motion if the person has no further drug-law conviction within two years. Once sealed, that record cannot be opened even by court order.

Question 13

How do I check my own criminal record in North Dakota?

Accepted Answer

The North Dakota Attorney General's Bureau of Criminal Investigation (BCI) keeps state criminal history records. Mail the original signed Request for Criminal History Record Information (SFN 50744) with a $15 check or money order payable to "ND Attorney General" (no cash by mail), or drop it off at the BCI office in Bismarck (check, money order or exact cash). Give full name including former names and aliases, date of birth, and a Social Security number, or fingerprints taken by local law enforcement for a fingerprint-based search. Processing takes about 7-10 business days. The request returns North Dakota records only; a national FBI check must generally be requested directly from the FBI.

What relief the state offers	North Dakota mainly offers "sealing" of criminal records. Sealed court and prosecution records are not deleted or destroyed, but their existence and contents may not be disclosed without a court order. Court records in cases that ended with dismissal or acquittal can be "closed." True expungement (destruction) is available only in limited situations, such as records of human-trafficking victims, certain juvenile court records, DNA profiles, and unconstitutional arrests. Separate rules allow sealing of a first DUI record. The Governor, advised by the Pardon Advisory Board, can grant pardons. Source: N.D.C.C. ch. 12-60.1; § 39-08-01.6; North Dakota Supreme Court Law Library, Expunge or Seal Criminal Records
Arrests and dismissed charges	When all charges in a case are dismissed, or the person is acquitted of all charges, that is a "nonconviction." For nonconviction orders entered on or after August 1, 2025, the court closes the court record automatically after 61 days. For cases that ended before August 1, 2025, the defendant may petition the court to close the record. If the requirements are met, the court must enter an order closing it within 10 days. This does not apply if the dismissal was part of a plea deal involving a conviction on another offense, if the case was dismissed because the person was found not fit to proceed, if the verdict was not guilty because of lack of criminal responsibility, or if the case was appealed. Closed records can still be seen by clerks, judges, criminal justice agencies, the defendant and their lawyer, the state's attorney, and anyone with a judge's written order. Closing applies only to court records, not prosecution records or Bureau of Criminal Investigation (BCI) criminal history. Source: N.D.C.C. §§ 12-60.1-01, 12-60.1-05
Misdemeanor convictions	A person who pled guilty to or was found guilty of a misdemeanor may petition to seal the record if they have not been convicted of a new crime for at least three years before filing. A person who received an unconditional pardon from the Governor may also petition. Offenses that require sex-offender or offender-against-children registration are excluded. Before granting a petition, the court must find by clear and convincing evidence that the person has completed all jail and probation terms, paid all court-ordered restitution, shown good cause and rehabilitation, and that the benefit to the person outweighs the presumption that court records are open. Source: N.D.C.C. §§ 12-60.1-02, 12-60.1-04
Felony convictions	A person who pled guilty to or was found guilty of a felony may petition to seal the record if they have not been convicted of a new crime for at least five years before filing. Excluded: offenses requiring sex-offender or offender-against-children registration, and felonies involving violence or intimidation during the period the person cannot legally possess a firearm. The Self Help Center describes that period as ten years after conviction or release from incarceration, parole or probation, whichever is latest. The court weighs the same factors as for misdemeanors, including the severity of the crime, risk to society, rehabilitation, and the views of victims and law enforcement. Source: N.D.C.C. §§ 12-60.1-02, 12-60.1-04, 62.1-02-01
DUI / DWI convictions	DUI records cannot be sealed through the general chapter 12-60.1 process. A separate law says the court shall seal the criminal record of a DUI conviction if the person has no later DUI or other criminal conviction within seven years of the first violation. This does not apply to commercial drivers. Prosecutors can still use the prior offense to enhance penalties for a later DUI. The Self Help Center has a separate Sealing DUI Records research guide. Source: N.D.C.C. § 39-08-01.6
Juvenile records	Juvenile court records are kept and destroyed according to North Dakota Supreme Court rules and policies. Once a juvenile file is finally destroyed, the proceeding is treated as if it never occurred. Most agencies must destroy their related records, and when asked, the child, the court, and most agencies may answer that no record exists. Certain agencies, including the Attorney General, law enforcement, and some state departments, may keep records for as long as their own retention policies allow. Source: N.D.C.C. § 27-20.2-25
Past marijuana convictions	People convicted of misdemeanor possession of marijuana, ingestion of marijuana, or possession of marijuana paraphernalia who have no other criminal convictions in the past five years may submit a Summary Pardon Application to the Pardon Advisory Board. People with any felony conviction must use the regular pardon application. Separately, for a first conviction for possessing one ounce or less of marijuana (or two grams or less of THC), the court must seal the court record on motion if the person has no further drug-law conviction within two years. Once sealed, that record cannot be opened even by court order. Source: N.D.C.C. § 19-03.1-23(9); ND DOCR Pardon Advisory Board

How to apply	File a petition to seal in the existing criminal case (municipal or district court) and include a proposed order. The petition must list all names and aliases, addresses since the offense, the reasons relief should be granted, and the person's full criminal history in every jurisdiction, including earlier requests for pardon, expungement or sealing. The petition must be served on the prosecutor. A hearing cannot be held earlier than 45 days after filing, and the prosecutor seeks input from law enforcement, victims and corrections officials. The prosecutor may agree to sealing without a hearing. If the petition is denied, the court may bar a new petition for up to one year for good cause. Denials can be appealed. The Self Help Center offers no forms or help for sealing convictions, so petitioners prepare their own documents. A state petition form exists only for closing nonconviction court records. Source: N.D.C.C. §§ 12-60.1-03, 12-60.1-04; ND Legal Self Help Center, Sealing Criminal Records research guide
Filing fee	The Self Help Center's guide says a filing fee may be required when a petition to seal is filed and tells filers to ask the clerk of court for the amount. No filing fee may be charged for a petition to close nonconviction records. A municipal court denial can be appealed to district court without a filing fee. The guide does not state the dollar amount or say whether a fee waiver is available for petitions to seal. Source: N.D.C.C. §§ 12-60.1-04(6), 12-60.1-05(4); ND Legal Self Help Center research guide
Automatic (clean slate) relief	Court records in cases that end with dismissal or acquittal of all charges (on or after August 1, 2025) are closed automatically 61 days after the nonconviction order. North Dakota has no automatic sealing of conviction records. Convictions require a petition. Source: N.D.C.C. § 12-60.1-05
Getting a copy of your criminal record	The North Dakota Attorney General's Bureau of Criminal Investigation (BCI) keeps state criminal history records. Mail the original signed Request for Criminal History Record Information (SFN 50744) with a $15 check or money order payable to "ND Attorney General" (no cash by mail), or drop it off at the BCI office in Bismarck (check, money order or exact cash). Give full name including former names and aliases, date of birth, and a Social Security number, or fingerprints taken by local law enforcement for a fingerprint-based search. Processing takes about 7-10 business days. The request returns North Dakota records only; a national FBI check must generally be requested directly from the FBI. BCI, 600 E. Boulevard Ave Dept. 125, Bismarck ND 58505, (701) 328-2210. Source: North Dakota Attorney General, Requesting a Criminal History Record Check

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