Can You Expunge a Criminal Record in North Dakota?

A criminal record can follow you for years—even after you've paid your dues. Whether you're applying for a job, trying to rent an apartment, or just want peace of mind, it’s natural to wonder: Can you expunge a criminal record in North Dakota?

Let’s unpack how record sealing works in North Dakota, who qualifies, and what steps you can take to clear your name.

What Does “ExpungING” A CRIMINAL RECORD in North Dakota MEAN?

North Dakota doesn’t technically use the word “expungement” for adult criminal records. Instead, the process is called record sealing. While the terms are often used interchangeably, they have different legal meanings.

• Sealed Record: Hidden from public view but still accessible to law enforcement and certain government agencies.

• Expunged Record: Completely erased, as if it never existed—North Dakota only allows this in very limited cases (e.g., wrongful arrests).

So if you’re asking about clearing your criminal history, you’re really asking: Can I seal my record in North Dakota?

Who Qualifies for Record Sealing in North Dakota?

North Dakota law allows some people to seal parts of their criminal record, but it depends on the type of offense, how long it’s been, and your overall record. Here's a breakdown:

Eligible Scenarios

1. Non-convictions - If you were arrested but never charged, or the charges were dismissed or resulted in acquittal, you can petition to seal the arrest record.

2. Misdemeanor Convictions - You may petition to seal a misdemeanor conviction at least 3 years after completing your sentence, including probation or fines.

3. Felony Convictions - For certain eligible felonies, you can petition the court 5 years after sentence completion. Violent crimes, sex offenses, and serious drug charges are often not eligible.

4. Juvenile Records - Most juvenile court records are eligible for sealing once you turn 18 and haven’t committed additional offenses.

Not Eligible

• Convictions for violent crimes

• Sex offenses

• Crimes against children

• Certain DUI offenses (though these may qualify under limited circumstances—ask an attorney)

See the North Dakota Century Code § 12-60.1 for full legal criteria.

How Do You Seal a Criminal Record in North Dakota?

Record sealing isn’t automatic—you need to petition the court. Here’s a simplified overview of the process:

Step-by-Step:

1. Wait the required time (3 or 5 years post-sentence depending on offense).

2. File a petition in the court where the case occurred.

3. Serve notice to the prosecutor.

4. Attend a court hearing, if required.

5. Judge reviews your case and either approves or denies the request.

Judges look at factors like your rehabilitation, the nature of the offense, and whether sealing serves justice.

Why Seal Your Record?

Sealing your record can make a major difference in your life:

• Better job prospects - Many employers conduct background checks. Sealing removes barriers to employment.

• More housing opportunities - Landlords often deny applicants with criminal records.

• Restored reputation - You no longer have to worry about your past showing up in online court records.

• Peace of mind - Knowing you’ve taken control of your record can provide emotional relief.

Common Questions About Record Sealing in ND

Can I seal more than one conviction?

Yes, but each case may require a separate petition. Courts will also consider your full record.

Will law enforcement still see my sealed record?

Yes, sealed records can still be accessed by law enforcement, prosecutors, and certain agencies.

Do I need an attorney to seal my record?

You’re not required to have a lawyer—but it helps. An experienced North Dakota criminal defense attorney can assess your eligibility, prepare your petition, and represent you in court.

Sealing a Record Is a Fresh Start—Let’s Talk About Yours

At Heartland Law Office, we believe in second chances. Attorney Patrick Waters has helped countless North Dakotans fight for their future—and sealing a criminal record is one way to move forward.

Whether you’re in Bismarck, Minot, Fargo, or a small-town courthouse, we’re here to help.

Call us at 701-Justice, or submit your information to get a free consultation and find out if sealing your case record is possible.

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Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult with a licensed attorney regarding your specific situation.