Clearing a criminal record in North Dakota
In North Dakota it is called sealing or closing nonconviction records: a sealed record is not destroyed: the court and the prosecutor may not reveal that it exists unless a judge orders it. Some misdemeanor and felony convictions may be cleared, and North Dakota also clears some records automatically.
Checked against official sources: October 25, 2026. · Free letter and checklist ↓
Can my record be cleared in North Dakota?
Sealing (petition to seal a criminal record); closing nonconviction records — In North Dakota a sealed record is not destroyed: the court and the prosecutor may not reveal that it exists unless a judge orders it. Sealing covers court and prosecution files only; your criminal history at the state Bureau of Criminal Investigation (BCI) is not sealed and convictions stay on it.
North Dakota has 4 ways to clear a record. Each covers different records and has its own waiting period.
Closing nonconviction court records (N.D.C.C. 12-60.1-05)
Cases where all charges were dismissed or you were acquitted of all charges
| Kind of case | Waiting period | Counted from |
|---|---|---|
All charges dismissed or acquitted (order on or after August 1, 2025) | No waiting period The court closes the record automatically 61 days after the order. | The order of dismissal or acquittal |
All charges dismissed or acquitted (before August 1, 2025) | No waiting period You can petition at any time; if you qualify, the court must close the record within 10 days. | The order of dismissal or acquittal |
- Not eligible
- Dismissals that were part of a plea deal with a conviction on another charge; dismissals because you were found unfit to proceed; not-guilty verdicts for lack of criminal responsibility; cases that were appealed
Law: N.D. Cent. Code § 12-60.1-05
Source: Official text
Petition to seal a criminal record (N.D.C.C. ch. 12-60.1)
Misdemeanor and felony convictions, and convictions that received an unconditional pardon from the governor
| Kind of case | Waiting period | Counted from |
|---|---|---|
Misdemeanor conviction | 3 years You can petition if you have had no new criminal conviction for at least 3 years, and you have finished all jail and probation and paid all restitution. | Your last conviction for any crime (no new conviction for at least 3 years before you file) |
Felony conviction | 5 years You can petition if you have had no new criminal conviction for at least 5 years, and you have finished all prison and probation and paid all restitution. | Your last conviction for any crime (no new conviction for at least 5 years before you file) |
Conviction with an unconditional governor's pardon | No waiting period You can petition once the governor has granted an unconditional pardon. | The pardon |
- Not eligible
- Felonies involving violence or intimidation while you are still barred from having a firearm; offenses for which you were ordered to register as a sex offender. DUI records are not sealed under this chapter; they have their own process.
- Limits
- If the petition is denied, the judge may bar a new petition for up to one year.
Law: N.D. Cent. Code §§ 12-60.1-01 to 12-60.1-04; N.D.C.C. 12-60.1-02(2); N.D.C.C. 39-08-01.6
Source: Official text
Sealing a first marijuana possession conviction (N.D.C.C. 19-03.1-23(9))
A first conviction for possessing one ounce or less of marijuana or two grams or less of THC
| Kind of case | Waiting period | Counted from |
|---|---|---|
First marijuana possession (1 oz or less) | 2 years The court must seal the record on your motion if you have no new drug conviction within 2 years. | The conviction |
- Limits
- First offense only
Law: N.D. Cent. Code § 19-03.1-23(9)
Source: Official text
Sealing a DUI record (N.D.C.C. 39-08-01.6)
A conviction for driving under the influence
| Kind of case | Waiting period | Counted from |
|---|---|---|
DUI conviction | 7 years You can ask the court to seal your DUI record if you have had no new DUI and no other criminal conviction within 7 years of the first DUI. | The first DUI violation |
- Not eligible
- People licensed as commercial drivers (CDL); prosecutors can still use the prior DUI to increase the penalty for a later DUI
Law: N.D. Cent. Code § 39-08-01.6; N.D.C.C. 39-08-01 or a city ordinance like it
Source: Official text
When can I file? Waiting periods in North Dakota
Pick your kind of case and the date the waiting period runs from. We add the waiting period from the law; nothing else.
How to file in North Dakota
Closing nonconviction court records (N.D.C.C. 12-60.1-05)
For cases with an order on or after August 1, 2025, nothing is needed: the court closes its record after 61 days. For older cases, file the court's 'Close Nonconviction Court Records' petition in the case; if you qualify, the court must close it within 10 days. Only court records are closed: judges, clerks, criminal justice agencies, prosecutors, you and your lawyer can still see them. Prosecution and BCI records are not affected.
- Cost
- No filing fee may be charged.
Law: N.D.C.C. 12-60.1-05(4)
Petition to seal a criminal record (N.D.C.C. ch. 12-60.1)
File your own petition in the existing criminal case, with a proposed order, listing all your names, addresses, criminal history and reasons. Serve it on the prosecutor, who will ask for input from police, victims and corrections. A hearing cannot be held earlier than 45 days after filing (unless the prosecutor agrees to sealing). You must prove by clear and convincing evidence that you have good cause, have reformed, and that the benefit to you outweighs the public's interest in open records. The court system has no fill-in form; you write your own papers.
Sealing a first marijuana possession conviction (N.D.C.C. 19-03.1-23(9))
File a motion in the court that convicted you. Once sealed, the court record cannot be opened even by court order.
Sealing a DUI record (N.D.C.C. 39-08-01.6)
File a written petition in your DUI case with the clerk of the municipal or district court where the case was filed, showing you meet the requirements.
Court self-help
Free help in North Dakota
National help
Free letter and checklist
Letter: ask for a copy of your own record
A request to the state records office (North Dakota Bureau of Criminal Investigation (BCI), Office of Attorney General) with your name, date of birth and mailing address.
Checklist: what to gather before you file
Case numbers, court papers, proof you finished your sentence, forms and fees for North Dakota.
Clearing a record in North Dakota by topic
Closing nonconviction court records (N.D.C.C. 12-60.1-05) in North Dakota
Which records each remedy covers, who is not eligible and what changes afterwards.
Waiting periods in North Dakota
How long you wait for each kind of case, and a date helper.
How to file in North Dakota
The steps, the cost, fee waivers, the forms and court self-help.
Automatic relief in North Dakota
- Law
- Automatic closing of nonconviction court records
- What is cleared
- Court records of cases in which all charges were dismissed or you were acquitted are closed automatically 61 days after the order, for orders entered on or after August 1, 2025. Convictions are not sealed automatically, and records at the BCI are not affected.
- Started
- August 1, 2025
Law: N.D. Cent. Code § 12-60.1-05
Marijuana records in North Dakota
A first conviction for possessing one ounce or less of marijuana (or two grams or less of THC) must be sealed by the court on your motion if you have no new drug conviction within 2 years; once sealed, the court record cannot be opened even by court order. People convicted of misdemeanor possession or ingestion of marijuana, or marijuana paraphernalia, with no other criminal conviction in the past 5 years, may apply to the Pardon Advisory Board for a summary pardon; anyone with a felony conviction must use the regular pardon application (ND DOCR).
Law: N.D.C.C. 19-03.1-23(9)
Juvenile records in North Dakota
Juvenile court records are kept for a set time and then destroyed: delinquency records 10 years after the final order or age 18, whichever is later; unruly records 1 year after age 18 or the end of the final order, whichever is later. After destruction the case is treated as if it never happened, and most agencies reply that no record exists. You can also ask the juvenile court to destroy the records early.
Law: N.D. Cent. Code § 27-20.2-25; N.D.R. Juv. P. 19
Source: ND Courts research guide
Pardons in North Dakota
- Who decides
- Governor of North Dakota, on the recommendation of the Pardon Advisory Board
- How
- Send the Pardon Advisory Board application (or the Summary Pardon application for eligible marijuana offenses) with a copy of the judgment and the complaint or information for each offense, at least 90 days before a board meeting, to the Pardon Clerk (P.O. Box 1898, Bismarck, ND 58502-1898; fax 701-328-6651; pardonclerk@nd.gov). The board meets twice a year. A person not under supervision must show a significant problem caused by the conviction, such as licensing. An unconditional pardon lets you petition to seal the record.
Law: N.D. Const. art. V, § 7; N.D. Cent. Code ch. 12-55.1
After your record is cleared in North Dakota
Once sealed, the court and prosecutor may not disclose the existence or contents of the record without a court order. The court releases sealed information when an agency has a legal duty to run a criminal background check, and licensing rules in N.D.C.C. 12.1-33-02.1 still apply. Sealing does not remove a conviction from your BCI criminal history, which can still be released.
Law: N.D. Cent. Code §§ 12-60.1-01(7), 12-60.1-04(8)
Get your own record in North Dakota
North Dakota Bureau of Criminal Investigation (BCI), Office of Attorney General · (701) 328-2210
Mail the signed Request for Criminal History Record Information form with a $15 fee (check or money order payable to 'ND Attorney General'), or drop it off at the Bismarck office. The search can be name-based or fingerprint-based; for fingerprints, contact your local law enforcement agency.
Letter: ask the state records office for a copy of your record
Good to know in North Dakota
- Since August 1, 2025, court records of dismissed and acquitted cases close automatically after 61 days, and there is no fee to petition for older ones.
Law: N.D.C.C. 12-60.1-05
- Sealing does not remove a conviction from the BCI criminal history record; a conviction shows up there no matter how many years pass (ND Attorney General).
- DUI records cannot be sealed under chapter 12-60.1; they have their own process under N.D.C.C. 39-08-01.6 (ND Courts).
Changes in 2024–2026
House Bill 1166 (2025) added N.D.C.C. 12-60.1-05, effective August 1, 2025: court records of new dismissals and acquittals close automatically after 61 days, and there is a free petition to close older ones. The same bill let people with an unconditional governor's pardon petition to seal the record.
Law: N.D.C.C. 12-60.1-02(1)(c)
Questions about clearing a record in North Dakota
What is clearing a record called in North Dakota?
Sealing (petition to seal a criminal record); closing nonconviction records. In North Dakota a sealed record is not destroyed: the court and the prosecutor may not reveal that it exists unless a judge orders it. Sealing covers court and prosecution files only; your criminal history at the state Bureau of Criminal Investigation (BCI) is not sealed and convictions stay on it.
Can convictions be cleared in North Dakota?
Closing nonconviction court records: Cases where all charges were dismissed or you were acquitted of all charges. Petition to seal a criminal record: Misdemeanor and felony convictions, and convictions that received an unconditional pardon from the governor. Sealing a first marijuana possession conviction: A first conviction for possessing one ounce or less of marijuana or two grams or less of THC. Sealing a DUI record: A conviction for driving under the influence.
How long do I have to wait in North Dakota?
All charges dismissed or acquitted (order on or after August 1, 2025): No waiting period, counted from the order of dismissal or acquittal; All charges dismissed or acquitted (before August 1, 2025): No waiting period, counted from the order of dismissal or acquittal; Misdemeanor conviction: 3 years, counted from your last conviction for any crime (no new conviction for at least 3 years before you file); Felony conviction: 5 years, counted from your last conviction for any crime (no new conviction for at least 5 years before you file).
Does North Dakota clear records automatically?
Court records of cases in which all charges were dismissed or you were acquitted are closed automatically 61 days after the order, for orders entered on or after August 1, 2025. Convictions are not sealed automatically, and records at the BCI are not affected.
How much does it cost to clear a record in North Dakota?
Closing nonconviction court records: No filing fee may be charged.
Can a marijuana record be cleared in North Dakota?
A first conviction for possessing one ounce or less of marijuana (or two grams or less of THC) must be sealed by the court on your motion if you have no new drug conviction within 2 years; once sealed, the court record cannot be opened even by court order. People convicted of misdemeanor possession or ingestion of marijuana, or marijuana paraphernalia, with no other criminal conviction in the past 5 years, may apply to the Pardon Advisory Board for a summary pardon; anyone with a felony conviction must use the regular pardon application (ND DOCR).
Can juvenile records be cleared in North Dakota?
Juvenile court records are kept for a set time and then destroyed: delinquency records 10 years after the final order or age 18, whichever is later; unruly records 1 year after age 18 or the end of the final order, whichever is later. After destruction the case is treated as if it never happened, and most agencies reply that no record exists. You can also ask the juvenile court to destroy the records early.
What can I say after my record is cleared in North Dakota?
Once sealed, the court and prosecutor may not disclose the existence or contents of the record without a court order. The court releases sealed information when an agency has a legal duty to run a criminal background check, and licensing rules in N.D.C.C. 12.1-33-02.1 still apply. Sealing does not remove a conviction from your BCI criminal history, which can still be released.
How do I get a copy of my criminal record in North Dakota?
Mail the signed Request for Criminal History Record Information form with a $15 fee (check or money order payable to 'ND Attorney General'), or drop it off at the Bismarck office. The search can be name-based or fingerprint-based; for fingerprints, contact your local law enforcement agency.