Clearing a DUI From Your Record in North Dakota
Whether a DUI or DWI conviction can be expunged or sealed in North Dakota, and what to do instead if it can't.
Short 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. N.D.C.C. § 39-08-01.6
| 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 |
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| 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. |
Where to get help in North Dakota
More North Dakota expungement & criminal records
- Getting a Copy of Your North Dakota Criminal Record
- Expunging or Sealing a Felony in North Dakota
- How to File for Expungement in North Dakota
- Sealing or Expunging Juvenile Records in North Dakota
- All North Dakota expungement & criminal records rules
FAQ
Can a DUI be expunged in North Dakota?
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.
How do you file for expungement in North Dakota?
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.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.