How long you wait to clear a record in North Dakota

How long you wait in North Dakota for each kind of case, and what the waiting period is counted from.

Checked against official sources: October 25, 2026.

Short answer

North Dakota law sets a waiting period for each kind of case. The wait starts from a set event.

Main remedy
Closing nonconviction court records (N.D.C.C. 12-60.1-05)
Waiting periods
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)

North Dakota waiting period helper

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Waiting periods: 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

Waiting periods: 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

Source: Official text

Waiting periods: 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

Waiting periods: 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

Source: Official text

Clean Slate relief in North Dakota

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.

August 1, 2025

Law: N.D. Cent. Code § 12-60.1-05

In nearby states

  • South Dakota: Arrest, no charge filed: 1 year, counted from date of arrest
  • Minnesota: Case resolved in your favor (dismissed or acquitted): No waiting period, counted from the resolution
  • Nebraska: Probation, fine only or community service: No waiting period, counted from completing probation (or early discharge), paying the fine and finishing community service

Steps after the wait in North Dakota

  1. Get your court papers

    The dates on your papers decide when the wait ends.

  2. Read the full rule

    The wait is only one rule; the court looks at the whole record.

  3. File when you are ready

    When the waiting period has passed, you can prepare your request. How to file.

  4. Get help

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

Free help in North Dakota

Questions about waiting periods in North Dakota

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.

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).

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.

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

Legal Services of North Dakota.

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