How to 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.

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.

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.

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.