North Dakota Pardon/Expungement Process

North Dakota is a bit unusual because it relies much more on record sealing than true expungement.

⚖️ North Dakota Criminal Record Relief Laws

1. Expungement (very limited in North Dakota)

North Dakota generally does NOT allow expungement of adult convictions.

  • If you were convicted (pled guilty or found guilty), that conviction cannot be removed from your criminal history record, even if a court file is expunged.
  • Expungement exists only in narrow, specific situations, such as:
    • Certain juvenile records
    • Human trafficking victim-related offenses
    • Some minor marijuana possession cases
    • Certain unconstitutional arrests or special circumstances

👉 Bottom line:
Expungement is rare and not the primary path to clearing a record in North Dakota.

2. Record Sealing (main form of relief)

The primary legal tool is record sealing under North Dakota Century Code Chapter 12-60.1.

✔️ What sealing does

  • Hides the record from public view
  • Prevents most employers/landlords from seeing it
  • Still accessible to law enforcement and certain agencies

✔️ Eligibility (general rules)

Misdemeanors

  • Eligible after 3 years
  • Must complete sentence and stay conviction-free

Felonies

  • Eligible after 5 years (for many offenses)
  • Must complete sentence and have no new convictions

Violent offenses

  • Longer waiting periods may apply (often tied to firearm restriction periods)

✔️ Non-convictions (dismissed, not guilty)

  • As of 2025, many non-convictions are:
    • Automatically sealed after 61 days
  • Older cases can be sealed by petition (often no filing fee)

✔️ Court decision factors

A judge must find:

  • You are rehabilitated
  • You show “good cause”
  • Your benefit outweighs public access to the record

❌ Not eligible for sealing (examples)

  • Some sex offenses
  • Certain DUI offenses (handled separately)
  • Some records held by the Bureau of Criminal Investigation

3. Pardons (Executive Clemency)

✔️ Who grants it

  • The Governor of North Dakota (with input from a Pardon Advisory Board)

✔️ What a pardon does

  • Forgives the offense
  • May reduce legal consequences (civil rights, stigma)

❗ What it does NOT do

  • Does NOT erase or seal the record
  • The conviction still appears on your record

✔️ Eligibility

  • No strict universal eligibility rules
  • Considerations include:
    • Rehabilitation
    • Time since offense
    • Impact of conviction on your life

🧾 Key Takeaways

  • Expungement: Extremely limited, rarely available
  • Record sealing: Main path to relief
    • 3 years (misdemeanors)
    • 5 years (many felonies)
  • Automatic sealing now applies to many non-convictions
  • Pardons: Forgive but do NOT erase records

 

 

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