Expungement Petition - Preparation Worksheet - North Dakota

IMPORTANT: PREPARATION WORKSHEET — NOT AN OFFICIAL COURT FORM

The general remedy in N.D.C.C. chapter 12-60.1 is sealing a qualifying
conviction record or closing a qualifying nonconviction court record. It is not
general destruction or expungement of every criminal-history record. Prepare a petition
and proposed order that comply with the current chapter and the filing court's practice.

Separate statutes may authorize true expungement in limited circumstances, including
certain human-trafficking-victim convictions, first-offense possession of one ounce or
less of marijuana, qualifying DNA records, and unconstitutional arrests. Do not combine
those routes with this Chapter 12-60.1 worksheet without separate current-law review.

NORTH DAKOTA CRIMINAL-RECORD SEALING OR CLOSING WORKSHEET

1. SELECT THE CURRENT ROUTE

☐ Misdemeanor conviction sealing — § 12-60.1-02(1)(a). Petitioner pled guilty
or was found guilty of a misdemeanor and has not been convicted of a new crime for at
least three years before filing.

☐ Felony conviction sealing — § 12-60.1-02(1)(b). Petitioner pled guilty or
was found guilty of a felony and has not been convicted of a new crime for at least five
years before filing.

☐ Unconditional-pardon sealing — § 12-60.1-02(1)(c). The governor granted an
unconditional pardon of the conviction.

☐ Qualifying nonconviction entered on or after August 1, 2025 — § 12-60.1-05(1).
The court closes the court record 61 days after entry of the nonconviction order; first
verify whether closure has already occurred.

☐ Qualifying nonconviction entered before August 1, 2025 — § 12-60.1-05(2).
Defendant may petition for closure, and the court must enter a closing order within 10
days if the statutory requirements are met. No filing fee may be charged.

☐ Different expungement statute required: [STATUTE / REMEDY].

2. RECORD AND REMEDY LIMITS — § 12-60.1-01

Under Chapter 12-60.1:

• “seal” means prohibiting disclosure of the existence or contents of court or
  prosecution records unless authorized by court order;

• “closed” means examination is limited to the clerk, a judge, the juvenile commission,
  a criminal justice agency, defendant, defense counsel, a state's attorney, or a person
  authorized by a judge's written order; and

• “criminal record” means covered court and prosecution records.

The Chapter 12-60.1 definition of criminal record expressly excludes criminal-history
record information under § 12-60-16.1(5) and criminal-justice-data information maintained
in the statewide sharing system under § 54-12-34. Do not ask the court to order deletion
of records that the chapter excludes from the remedy.

3. CASE INFORMATION

The conviction-sealing petition must be filed in the existing criminal case.

4. CONVICTION-ROUTE THRESHOLD SCREEN — § 12-60.1-02

New-conviction period

☐ A current multijurisdictional criminal-history review shows no new conviction during
the applicable period.

Exclusions

Except for the special operation of § 12-60.1-05, Chapter 12-60.1 does not apply to:

• a felony involving violence or intimidation during the period in which the offender
  is ineligible to possess a firearm under § 62.1-02-01(1)(a); or

• an offense for which the offender was ordered to register under § 12.1-32-15.

☐ Neither exclusion applies, or the firearm-ineligibility period has been calculated and
has ended: [ANALYSIS].

5. REQUIRED CONVICTION PETITION CONTENT — § 12-60.1-03

Subject to N.D.R.Ct. 3.4 redaction requirements, include:

☐ Petitioner's full name and every other legal name or alias ever used.

☐ Every address from the offense date through the petition date.

☐ Specific reasons the petition should be granted.

☐ Complete criminal history in North Dakota, other states, federal court, and foreign
countries, including all prior and pending criminal charges.

☐ All prior and pending charges involving deferred or stayed imposition of sentence or
continuance for dismissal.

☐ Every prior request in any forum for a pardon, return of arrest records, expungement,
or sealing, whether granted or denied.

☐ Proposed order filed with the petition.

☐ Service on the prosecuting official under N.D.R.Crim.P. 49.

☐ Promptly filed proof of service unless excused by the court.

6. FACTUAL SHOWING FOR CONVICTION SEALING

The court may grant relief only if the following are proven by clear and convincing
evidence:

☐ Good cause supports the petition.

☐ The benefit to petitioner outweighs the presumption that the criminal record remains
open.

☐ Every term of imprisonment and probation for the offense is complete.

☐ All court-ordered restitution for the offense is paid.

☐ Petitioner has demonstrated reformation warranting relief.

☐ The petition satisfies Chapter 12-60.1.

Address the required considerations:

7. HEARING AND DECISION — § 12-60.1-04

• A hearing ordinarily may not occur earlier than 45 days after filing.

• To the extent practicable, the prosecutor notifies and seeks input from law
  enforcement, witnesses, victims, and correctional authorities familiar with the case.

• A prosecutor may stipulate to sealing without a hearing or on a faster schedule.

• A municipal-court denial may be appealed to district court for de novo review without
  a filing fee. A district-court denial may be appealed.

• For good cause, a district court denying relief may bar another petition for up to one
  year; the order must explain the good cause.

If relief is granted, the order must state that petitioner is sufficiently rehabilitated but
remains subject to § 12.1-33-02.1. The court releases the information when an entity has
a statutory duty to conduct a criminal-history background check.

8. NONCONVICTION CLOSURE — § 12-60.1-05

For this section, “nonconviction” means dismissal of all criminal charges in the case or
acquittal of all criminal charges in the case.

This route does not apply when:

☐ Dismissal resulted from a plea agreement involving conviction of another offense.

☐ Dismissal resulted from a finding that the individual was not fit to proceed under
Chapter 12.1-04.

☐ The case ended in a not-guilty verdict based on lack of criminal responsibility under
Chapter 12.1-04.1.

☐ The case was appealed.

For an order entered on or after August 1, 2025, check the docket after the 61-day period
before filing anything. For an older qualifying case, prepare a concise petition identifying
the nonconviction order and establishing that none of the exclusions applies. The statute
requires an order within 10 days after filing and prohibits a filing fee.

9. PROPOSED ORDER WORKSHEET

For a conviction petition, request only relief authorized by Chapter 12-60.1:

☐ Identify the exact existing case and offense.

☐ State the clear-and-convincing findings supporting relief.

☐ Order the covered court and prosecution criminal records sealed.

☐ State that petitioner is sufficiently rehabilitated but subject to § 12.1-33-02.1.

☐ State that information must be released when an entity has a statutory obligation to
conduct a criminal-history background check.

Do not direct every public and private repository to respond as though the record never
existed. That relief exceeds the current chapter's definition and access rules.

10. PRIVACY AND SIGNATURE

Follow N.D.R.Ct. 3.4. The filer is responsible for required redactions. Do not include an
unredacted Social Security number, full birth date when redaction applies, financial-
account number, or protected victim contact information in a public filing.

Use a current sworn or valid unsworn declaration only if required by the selected filing
format or court practice; Chapter 12-60.1 does not impose the former template's generic
notary block or Rule 3.1 “certificate of compliance.”

OFFICIAL SOURCES

• Current N.D.C.C. Chapter 12-60.1: https://ndlegis.gov/cencode/t12c60-1.pdf
• Current N.D.C.C. Chapter 12.1-33: https://ndlegis.gov/cencode/t12-1c33.pdf
• N.D.R.Ct. 3.4: https://www.ndcourts.gov/legal-resources/rules/ndrct/3-4
• N.D.R.Crim.P. 49: https://www.ndcourts.gov/legal-resources/rules/ndrcrimp/49
• North Dakota Judicial Branch forms portal: https://forms.ndcourts.gov/