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North Dakota

Adult Criminal Record Clearance Overview

  • With certain exceptions, if you were convicted of a first-time marijuana misdemeanor, the record can be sealed two years after the date of your conviction. 
  • If you were convicted of prostitution or certain other crimes because you were a victim of human trafficking, the record can be sealed immediately. You must file a petition in court to start the process, and it is up to the judge whether to grant your petition. 
  • Records relating to a misdemeanor conviction can be sealed by the court after three years. 
  • Records relating to a felony conviction can be sealed by the court after five years. 
  • Records relating to a misdemeanor case dismissed after successful completion of a drug court program are sealed by the court immediately. 
  • Records relating to a DWI case dismissed after successful completion of probation are sealed by the court immediately. 

Likely not eligible for expungement or sealing.

Adult Criminal Record Clearance Policies

Records relating to a first marijuana misdemeanor will be sealed by the court after two years, so long as the person is not convicted of a controlled substance offense in that time. N.D. Cent. Code, § 19-03.1-23(10).
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Records relating to a prostitution conviction or an offense listed in section 12.1-41-12(1) which was committed as a direct resulting of being a victim of human trafficking can be sealed by the court. N.D. Cent. Code § 12.1-41-14.
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Records relating to a misdemeanor conviction can be sealed by the court after three years. N.D. Cent. Code § 12-60.1-02(1)(a).
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Records relating to a felony conviction can be sealed by the court after five years. N.D. Cent. Code § 12-60.1-02(1)(b).
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Records relating to a misdemeanor case dismissed after successful completion of a drug court program are sealed by the court immediately. N.D. Cent. Code §§ 19-03.1-23(11), 39-08-01.5(3).
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Records relating to a DWI case dismissed after successful completion of probation are sealed by the court immediately. N.D. Cent. Code § 39-08-01.6.
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Juvenile Record Clearance Overview

Below is a general overview of when juvenile records can be destroyed in North Dakota. Please note that the Clean Slate Clearinghouse does not provide legal advice. 

Read the legal policies and statutes for detailed statutory information. 

Juvenile Record Clearance Policies Overview 

  • Most juvenile records can be destroyed at any time. You must submit a request to the court to start the process, and it is up to the judge whether or not to grant your request. 
  • All juvenile records are generally shielded from the public, with certain exceptions.

You may not be eligible for destruction if you have certain convictions or adjudications on your record or have pending criminal or juvenile charges. 

Find a Lawyer 

If you think you might be eligible to have your record destroyed, find a lawyer who may be able to help you. Some lawyers might help you for free, although you may still need to pay a fee to file the paperwork in court. 

Court Forms and Resources 

If you cannot find a lawyer to help you, you may be able to file a petition on your own using these court forms and resources. 

Juvenile Record Clearance Policies

A record relating to a delinquency proceeding can be destroyed at any time if the court finds good cause. N.D.R.Juv.P. 19.
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Records relating to a delinquency adjudication are not generally open to the public. North Dakota Rules of Juvenile Procedure, Rule 19, N.D. Code Ann. 27-20.2-23.
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Find A Lawyer

Legal service providers located in the state.

Contact information for legal aid organizations, bar associations, and other organizations that engage in record clearance work is provided for informational purposes only. The NRRC does not endorse or recommend any organization or individual referenced on the site. If you are a legal service provider who offers record clearance services, please contact us.

North Dakota Lawyer Referral Service

Service area: Statewide

Court Forms & Resources

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