Expunging a Criminal Record in North Dakota (2026)
Reviewed by DocDraft Legal Team · North Dakota · Last updated August 19, 2026
North Dakota does not offer true expungement of adult convictions; instead it uses record sealing under N.D.C.C. Chapter 12-60.1, enacted in 2019. A person may petition the district court to seal a criminal record after a crime-free waiting period measured from completion of the sentence: three years for a misdemeanor and five years for a felony. The court weighs the benefit to the petitioner against the harm to public safety and welfare before granting relief, and certain serious, violent, and sex offenses are excluded. North Dakota also closes many nonconviction records automatically and allows sealing of some marijuana-possession records. The state repository is the Bureau of Criminal Investigation within the Office of Attorney General.
Find out where you stand in North Dakota
What are you trying to clear?
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What record-clearing relief does North Dakota offer, and what is it called?
North Dakota seals records rather than expunging them. Under N.D.C.C. Chapter 12-60.1, enacted in 2019, a court can order a criminal record sealed so it is not disclosed without a further court order. Sealing hides the record from public view; it is not the physical destruction that true expungement implies.
What is the waiting period to seal a criminal record in North Dakota?
Under N.D.C.C. 12-60.1-02, you must stay crime-free for three years after completing the sentence for a misdemeanor, or five years after completing the sentence for a felony, before you can petition to seal that conviction in North Dakota. A new charge or conviction during the wait resets your eligibility.
Can you seal a felony conviction in North Dakota?
Yes, many felonies can be sealed in North Dakota after a five-year crime-free period from completion of the sentence, but the court must find the benefit to you outweighs the harm to public safety. Certain serious, violent, and sex offenses are excluded from sealing under Chapter 12-60.1.
Does North Dakota have automatic clean slate sealing of records?
North Dakota has no full clean-slate system for convictions, but it closes many nonconviction court records automatically. For orders of nonconviction entered on or after August 1, 2025, the court closes the record after 61 days, and possession of one ounce or less of marijuana can be sealed under N.D.C.C. 19-03.1-23.
Am I eligible to seal my North Dakota conviction, and what is excluded?
You may be eligible if you completed your sentence, stayed crime-free for the required period, and the offense is not on the excluded list. North Dakota excludes many serious, violent, and sexual offenses from sealing under Chapter 12-60.1, and a pending charge blocks relief. Eligibility is decided by the district court.
North Dakota Seals Rather Than Expunges: Chapter 12-60.1 Sealing and Its Limits
North Dakota is a sealing state, not an expungement state. Its 2019 sealing law, N.D.C.C. Chapter 12-60.1, lets a person petition the district court in the county of conviction to seal a criminal record so that it is not disclosed to the public without a court order, but the record still exists and can be seen by law enforcement, the courts, and certain licensing or government agencies. To seal a conviction under N.D.C.C. 12-60.1-02, the petitioner must have completed the sentence and stayed free of new criminal charges or convictions for three years after a misdemeanor or five years after a felony, and the court must find that the benefit to the petitioner outweighs the presumption of openness and any harm to public safety and welfare. Many serious, violent, and sexual offenses are excluded, and a pending charge blocks relief. The court gives notice to the prosecuting attorney, who may object, and a hearing may be held. Separately, North Dakota automatically closes court records for orders of nonconviction entered on or after August 1, 2025 after 61 days, allows a petition with no filing fee to close earlier nonconviction records, and permits sealing of possession of one ounce or less of marijuana under N.D.C.C. 19-03.1-23. The state criminal history repository is the Bureau of Criminal Investigation within the North Dakota Office of Attorney General, which updates the record after a sealing order.
Relevant Laws
Sealing Criminal Records (N.D.C.C. Chapter 12-60.1)
North Dakota's 2019 sealing law lets a person petition the district court to seal a criminal record so it is not disclosed without a court order. Sealing hides the record from public view rather than destroying it, which is why North Dakota is described as a sealing state, not an expungement state.
Waiting Periods and the Court's Weighing Test (N.D.C.C. 12-60.1-02)
Sets the crime-free waiting periods of three years after completing the sentence for a misdemeanor and five years for a felony, and requires the court to find that the benefit to the petitioner outweighs the presumption of openness and any harm to public safety before sealing.
Nonconviction Record Closure and Marijuana Sealing
North Dakota closes court records for orders of nonconviction entered on or after August 1, 2025 after 61 days, allows a no-fee petition to close earlier nonconviction records, and permits sealing of possession of one ounce or less of marijuana under N.D.C.C. 19-03.1-23, rather than a full clean-slate system for convictions.
No General Federal Expungement of State Records
There is no general federal law to expunge a North Dakota state conviction; record clearing is governed by North Dakota's sealing statute and courts. Federal relief is limited to narrow situations, so a North Dakota conviction is addressed through Chapter 12-60.1 sealing in state district court.
Regional Variances
North Dakota Record Sealing Eligibility Table
Relief type and name
North Dakota uses record sealing under N.D.C.C. Chapter 12-60.1 (2019), not true expungement. A sealed record is hidden from public disclosure without a court order but is not destroyed and remains visible to law enforcement, the courts, and certain agencies.
Misdemeanor waiting period
Three years crime-free after completion of the sentence under N.D.C.C. 12-60.1-02. A new criminal charge or conviction during that time resets eligibility, and the court must find sealing benefits the petitioner more than it harms public safety.
Felony waiting period
Five years crime-free after completion of the sentence under N.D.C.C. 12-60.1-02. Many felonies qualify, but the court applies the same weighing test and can deny relief where openness serves the public interest.
Excluded offenses
Many serious, violent, and sexual offenses are excluded from sealing under Chapter 12-60.1, and a pending charge blocks a petition. Because the excluded list is specific, confirm the exact offense against the statute before relying on eligibility.
Clean slate and automatic relief
No full clean-slate system for convictions. North Dakota automatically closes nonconviction court records 61 days after an order of nonconviction entered on or after August 1, 2025, allows a no-fee petition for earlier nonconviction records, and permits marijuana-possession sealing under N.D.C.C. 19-03.1-23.
Suggested Compliance Checklist
Confirm your North Dakota offense class and crime-free waiting period
Before you draft the petition days after startingVerify whether the conviction is a misdemeanor or felony and that you completed the sentence, then confirm you have stayed crime-free for three years (misdemeanor) or five years (felony) under N.D.C.C. 12-60.1-02. Check that the offense is not on the excluded serious, violent, or sexual offense list.
Obtain your North Dakota criminal history record
Before filing days after startingRequest your criminal history from the North Dakota Bureau of Criminal Investigation so you have accurate case numbers, charges, and dispositions. A sealing petition is filed in each existing criminal case, so matching the correct court and case number is essential to avoid a rejected or incomplete filing.
Prepare the North Dakota petition to seal
After the waiting period is met days after startingUse the North Dakota Legal Self Help Center forms to prepare a Chapter 12-60.1 petition stating the offense, sentence completion date, crime-free record, and why sealing benefits you more than keeping the record open. Use the separate no-fee petition for a nonconviction record where that applies.
File in the correct district court and serve the prosecutor
When the petition is complete days after startingFile the petition in the district court for the county of conviction within the existing criminal case, and pay the fee or request a waiver. The court notifies the prosecuting attorney, who may object, and may set a hearing where you show sealing serves the public interest.
Confirm the sealed record with the state repository
After the court signs the order days after startingConfirm the sealing order reaches the North Dakota Bureau of Criminal Investigation and other record holders, and keep a certified copy. Remember sealing hides the record from public view but not from law enforcement or certain agencies. An attorney can help if the state objects or the case is complex.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm your North Dakota offense class and crime-free waiting period | Verify whether the conviction is a misdemeanor or felony and that you completed the sentence, then confirm you have stayed crime-free for three years (misdemeanor) or five years (felony) under N.D.C.C. 12-60.1-02. Check that the offense is not on the excluded serious, violent, or sexual offense list. | - | Before you draft the petition |
| Obtain your North Dakota criminal history record | Request your criminal history from the North Dakota Bureau of Criminal Investigation so you have accurate case numbers, charges, and dispositions. A sealing petition is filed in each existing criminal case, so matching the correct court and case number is essential to avoid a rejected or incomplete filing. | - | Before filing |
| Prepare the North Dakota petition to seal | Use the North Dakota Legal Self Help Center forms to prepare a Chapter 12-60.1 petition stating the offense, sentence completion date, crime-free record, and why sealing benefits you more than keeping the record open. Use the separate no-fee petition for a nonconviction record where that applies. | - | After the waiting period is met |
| File in the correct district court and serve the prosecutor | File the petition in the district court for the county of conviction within the existing criminal case, and pay the fee or request a waiver. The court notifies the prosecuting attorney, who may object, and may set a hearing where you show sealing serves the public interest. | - | When the petition is complete |
| Confirm the sealed record with the state repository | Confirm the sealing order reaches the North Dakota Bureau of Criminal Investigation and other record holders, and keep a certified copy. Remember sealing hides the record from public view but not from law enforcement or certain agencies. An attorney can help if the state objects or the case is complex. | - | After the court signs the order |
Frequently Asked Questions
A petition to seal a conviction in North Dakota is filed as a civil-style motion in your existing criminal case, and standard court fees can apply, though you can request a fee waiver if you cannot afford them. By contrast, no filing fee may be charged for a petition to close a nonconviction record under North Dakota law.
After you file, the North Dakota court gives the prosecutor time to respond and may schedule a hearing, so the process commonly takes a few weeks to a few months depending on the county and whether the state objects. Automatic closure of a nonconviction record happens 61 days after an order of nonconviction entered on or after August 1, 2025.
Sealing in North Dakota hides the record from public view, but it is not destroyed. Law enforcement, the courts, and certain licensing, government, and criminal-justice agencies can still access a sealed record, and it may resurface in later criminal proceedings. Sealing is narrower than the full erasure the word expungement suggests.
Once a North Dakota court seals a conviction, you generally may lawfully answer that you have not been convicted for most private employment purposes. However, some regulated jobs, licensing boards, and law enforcement positions can require disclosure and can still see the sealed record, so an attorney can help you confirm what a specific application requires.
A North Dakota DUI conviction may be eligible for sealing under Chapter 12-60.1 after the five-year felony or three-year misdemeanor crime-free period, but courts scrutinize impaired-driving records closely and the driving record kept by the Department of Transportation is separate. The court weighs public safety, so results vary case by case.
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