How to file to clear a record in North Dakota

How to ask a North Dakota court to clear your record, what it costs and which forms to use.

Checked against official sources: October 25, 2026.

Short answer

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.

Main remedy
Closing nonconviction court records (N.D.C.C. 12-60.1-05)
Cost
No filing fee may be charged.
Forms
1

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

Checklist: what to gather before you file

Exclusions in North Dakota

  • Closing nonconviction court records (N.D.C.C. 12-60.1-05): 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
  • Petition to seal a criminal record (N.D.C.C. ch. 12-60.1): 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.
  • Sealing a DUI record (N.D.C.C. 39-08-01.6): 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 § 12-60.1-05; N.D. Cent. Code §§ 12-60.1-01 to 12-60.1-04; N.D. Cent. Code § 39-08-01.6

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)

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

In nearby states

  • South Dakota: A fee equal to the civil filing fee, paid to the clerk of courts.
  • Minnesota: $310 civil filing fee.
  • Montana: The expungement law sets no special fee; the district court clerk charges a filing fee (ask the clerk for the amount).

Your next steps in North Dakota

  1. Collect what you need

    You need your case numbers, court papers and proof you finished your sentence. Checklist: what to gather before you file.

  3. Turn in the petition

    File the petition with the clerk and follow the court's rules for notice to the prosecutor.

  4. Talk to legal aid

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

Free help in North Dakota

Questions about filing in North Dakota

When can I ask to clear my record 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).

What is the filing fee in North Dakota?

Closing nonconviction court records: No filing fee may be charged.

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.

Is there free help to clear a record in North Dakota?

Legal Services of North Dakota.

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