📅 2026 Update: North Dakota Expungement Laws Overview

Since the original article was published, there have been no significant changes to North Dakota's expungement laws as of October 2026. The rules and processes outlined in the earlier article remain relevant for those seeking to understand expungement in the state.

📝 Current Fees and Costs

The North Dakota Bureau of Criminal Investigation (BCI) charges a $15 fee for processing a criminal history record check. Eligible non-profit charitable organizations may apply for a fee reduction, lowering the cost to $5 upon approval. This means that individuals or organizations seeking to check criminal histories should be aware of these costs when planning their requests.

⏳ Processing Times

Requesting a criminal history record check typically takes about 7 to 10 business days to process. Individuals should factor this timeframe into their planning, especially if they need the information for an upcoming legal matter or application.

📜 Forms and Steps

To initiate a criminal history record check, individuals must complete the "Request for Criminal History Record Information" form. This form should be submitted alongside the required fee to the BCI. For those looking into expungement, the BCI does not provide guidance on the process, so it is suggested to consult with an attorney for assistance.

⚖️ Eligibility Rules

In North Dakota, individuals convicted of a non-violent felony or misdemeanor offense may have the chance to petition the court for the restoration of firearm privileges. However, it’s important to note that expungement does not erase convictions from an individual's criminal history record; they will still be visible despite expungement of court records.

📅 Deadlines for Pardon Applications

For those seeking a pardon, applications must be submitted to the Pardon Advisory Board 90 days before the scheduled meetings. The deadlines for these submissions are January 9 and August 21 each year, giving potential applicants specific windows to prepare their requests.

📌 Key Points Summary

  • No significant changes to expungement laws since 2024.
  • $15 fee for criminal history checks; $5 for eligible non-profits.
  • Processing time is about 7-10 business days.
  • Expungement does not remove convictions from criminal records.
  • Pardon applications must be submitted 90 days before scheduled meetings.

💡 Tips for Navigating North Dakota Expungement Laws

Reviewing your personal situation with an attorney can help clarify the best steps to take regarding expungement.

🔍 Understand Eligibility

Before starting the expungement process, check if your conviction is eligible. Non-violent felonies or misdemeanors may qualify for a petition to restore firearm privileges.

🗂 Gather Necessary Documents

Collect all relevant documents, including your criminal history record. This information will be crucial in making your case for expungement.

📅 Plan for Processing Times

Keep in mind that processing a criminal history check takes 7 to 10 business days. Plan your application timeline accordingly to avoid delays in your expungement process.

💰 Budget for Fees

Be aware of the costs involved in requesting a criminal history check. The standard fee is $15, while eligible nonprofits can reduce this to $5. Factor these fees into your budgeting.

📅 Watch Application Deadlines

If you are considering applying for a pardon, remember that applications must be submitted 90 days before the meeting dates on January 9 and August 21. Mark these dates on your calendar.

🧐 Seek Expert Help

Since the BCI does not provide assistance on expungement, it is crucial to consult an attorney who specializes in this area for guidance through the process.

🏆 Free Options Ranked by User Reviews (2026)

Currently, there are no national paid services that have met the review threshold for this area. Instead, this section highlights free government and nonprofit resources that can assist with expungement in North Dakota, as detailed in the FACTS.

🥇 1. North Dakota Bureau of Criminal Investigation (BCI)

The BCI is the primary source for processing criminal history record checks in North Dakota. Individuals seeking to verify their criminal history must submit a form along with the appropriate fee. The BCI does not provide guidance on expungement processes, so individuals should be prepared to seek help elsewhere.

🥈 2. Non-Profit Charitable Organizations

Eligible non-profit charitable organizations can apply for a fee reduction for criminal history record checks, lowering the cost from $15 to $5. This option is available to help organizations assist individuals in need without incurring significant costs.

🥉 3. Pardon Advisory Board

The Pardon Advisory Board reviews applications for pardons and meets twice a year, in April and November. Individuals seeking a pardon must submit their applications 90 days before these meetings. This board is an essential resource for those looking to restore their rights after a conviction.

🔎 What to Check Before Paying for Help

  • 🏢 Verify that the service is a nonprofit or government resource.
  • 💵 Confirm any fees associated with the service.
  • 📅 Look for deadlines relevant to your case.
  • 📞 Ensure they have a good reputation among users.
  • 📝 Check if they provide clear guidance on expungement processes.

❓ Frequently Asked Questions

❓ What are the eligibility criteria for expungement in North Dakota?

To be eligible for expungement, individuals must typically have a non-violent felony or misdemeanor conviction. However, expungement does not remove the conviction from the criminal history record.

📅 How long does it take to process an expungement request?

While the processing time can vary, criminal history record checks usually take 7 to 10 business days. The actual expungement process time may differ.

💰 Are there fees associated with expungement?

Yes, requesting a criminal history record check costs $15. Eligible non-profit organizations can reduce this fee to $5 upon approval.

🔄 Can I apply for a pardon after expungement?

Yes, individuals can apply for a pardon even if they have had their records expunged. However, applications must be submitted 90 days prior to the Pardon Advisory Board meetings.

🔍 Where can I find help with the expungement process?

While the BCI does not provide assistance with expungement, it is advisable to consult with an attorney who can offer guidance on the necessary steps.

🔒 Does expungement eliminate all records of my conviction?

No, expungement of court records does not erase the conviction from your criminal history record. The conviction will still be visible, even if it is expunged from court records.

⚖️ Recent Cases Related to Expungement in North Dakota

Recent court rulings may influence how expungement cases are handled in North Dakota. Understanding these decisions is important for anyone navigating expungement laws.

For more recent rulings, visit the section for more rulings on the news page.

End of October 2026 Update





When a record is expunged in North Dakota, it will not be shown as existing when a background check is performed. Expunged records are obliterated, sealed, or destroyed according to North Dakota law. If a member of the general public performs a criminal records search, expunged records will not appear in the search.

The expunging of a record protects individuals from being unfairly misrepresented by a record that they may not deserve to have shared with the public. When a North Dakota court makes a decision to expunge a record, all depositories and electronic files containing information relating to the record must be sealed or deleted. It is important to destroy all identifiable information contained in DNA files obtained from a criminal record that has been expunged. Mug shots and fingerprints that are a part of an expunged record can no longer exist.

Not all agencies destroy expunged records. The court that declared the record expunged will still have the case on file. Also, the record can be opened for the purpose of a criminal investigation. If the person whose record was expunged is subject to a separate criminal trial, the expunged record may be opened. The court may use expunged records as a background check during a criminal trial but the public, such as employers, may not.

North Dakota Expungement Laws



What Can be Expunged?

Records of conviction for one ounce or less of marijuana may be expunged in North Dakota. Hopeful employees who have been arrested for a small amount of marijuana will not have to worry about employers performing a background check and discovering the arrest. The court system does not want crimes to be punished unfairly, and a criminal records search for a minor crime should not prevent someone from being hired by an employer.

Records pertaining to cases that have been reversed or charges that have been dropped may be expunged. Any DNA or other identifiable information relating to a dismissed or dropped charge must be sealed or deleted by the agency in possession of it. A criminal records search may not show a picture or display physical measurements from an expunged record.

Who is Eligible for an Expungement?

● Someone convicted of being in possession of one ounce or less of marijuana. Person must have no other convictions and must wait two years from the completion of their trial.

● Any person whose record contains DNA information that has not resulted in a felony charge within one year.

● Any person whose case was dropped, dismissed, led to an acquittal, or a misdemeanor charge may be eligible for an expungement and the record will not be available in a background check.

● Any person whose charge did not require DNA information but still contains and does not result in a felony may be eligible for an expungement and removal from all criminal records searches.



How do you Expunge a Record in North Dakota?

Petitions to the court requesting an expungement and removal from all criminal records searches must be properly filled out and filed. The petition must come after the required two years since the completion of the trial. If granted, the court will notify all agencies in possession of information related to the expunged record. The record and all of its details will be removed from any possible background check searches