Closing nonconviction court records (N.D.C.C. 12-60.1-05) in North Dakota: which records can be cleared

What North Dakota law lets you clear, record by record.

Checked against official sources: October 25, 2026.

Short answer

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.

Main remedy
Closing nonconviction court records (N.D.C.C. 12-60.1-05)
What it covers
Cases where all charges were dismissed or you were acquitted of all charges.
Ways to clear a record
4
Automatic relief
Yes

Which records can 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 caseWaiting periodCounted 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 caseWaiting periodCounted 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 caseWaiting periodCounted 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 caseWaiting periodCounted 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

Marijuana relief 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

What changes afterwards

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)

Clean Slate 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

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.

Official pardon page

Law: N.D. Const. art. V, § 7; N.D. Cent. Code ch. 12-55.1

In nearby states

  • South Dakota: Expungement (of arrest records); sealing after suspended imposition of sentence
  • Minnesota: Expungement (sealing)
  • Nebraska: Set aside (convictions); sealing (non-conviction records, pardoned convictions)
  • Montana: Expungement (misdemeanors); dismissal after deferred imposition of sentence

What to do now in North Dakota

  1. Count the waiting period

    Waiting periods differ by case and remedy. Waiting periods.

  2. Start the case

    The court decides each request. How to file.

  3. Talk to legal aid

    Legal aid can help for free: Legal Services of North Dakota.

Free help in North Dakota

Questions about clearing a record in North Dakota

What does North Dakota call expungement?

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.

Which records can 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.

Will North Dakota clear my record on its own?

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.

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).

Are juvenile records sealed 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.

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