North-Dakota-Record-Relief
Misdemeanor and felony convictions may be sealed upon petition, with conviction-free waiting periods of 3 and 5 years after conviction, respectively, except that violent offenses must wait 10 years and sex offenses are not eligible. The court may grant a petition if it finds that the petitioner has made a showing of “good cause,” has completed the sentence and paid restitution, and that “the benefit to the petitioner outweighs the presumption of openness of the criminal record,” applying a multifactor test. A hearing may be dispensed with if the prosecutor agrees. “Seal” is “to prohibit the disclosure of the existence or contents of court or prosecution records unless authorized by court order.” Minor felony convictions may be set aside and knocked down to misdemeanors after successful probation. First offense marijuana possession may be sealed after two years unless there is a subsequent conviction. Victims of human trafficking may have prostitution convictions vacated and sealed.
Deferred imposition of sentence is available, after which the record sealed. Otherwise, access to non-conviction records, including records of diversionary dispositions, may be sealed by court rule if the court finds the interest of justice will be served, pursuant to a balancing test. Juvenile adjudications for prostitution, theft and forgery, and drug possession linked to being victim of human trafficking may be vacated and expunged. Otherwise, juvenile records are generally unavailable to the public, and are destroyed automatically after 10 years or earlier upon petition.