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Sealing a Criminal Record

N.D.C.C. § 12-60.1-02 — three crime-free years after a misdemeanor, five after a felony

  • A misdemeanor can be sealed after at least three years with no new conviction, a felony after at least five, or at once after an unconditional pardon.
  • A violent felony stays ineligible while the firearm ban lasts, and an offense requiring registration is never eligible.
  • The petition goes in the existing criminal case, with every name used, addresses since the offense, reasons, full criminal history and a proposed order, served on the prosecutor.
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The court may grant it on clear and convincing evidence of good cause, finished imprisonment and probation, paid restitution and reformation, weighing victims' and officials' views. The hearing is no earlier than forty-five days after filing.

Sources for this section (3)
  1. N.D.C.C. § 12-60.1-02 — Grounds to file petition to seal criminal record
  2. N.D.C.C. § 12-60.1-03 — Petition to seal criminal record
  3. N.D.C.C. § 12-60.1-04 — Hearing on petition

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed North Dakota attorney.

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