North Dakota Code 12-60.1-03 – Petition to seal criminal record
1. A petition to seal a criminal record must be filed in the existing criminal case for the offense.
Terms Used In North Dakota Code 12-60.1-03
- Arrest: Taking physical custody of a person by lawful authority.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Pardon: means the removal of punishment or custody imposed upon a person for the commission of an offense. See North Dakota Code 12-55.1-01
- Rule: includes regulation. See North Dakota Code 1-01-49
- seal: includes an impression of such seal upon the paper alone as well as upon wax or a wafer affixed thereto. See North Dakota Code 1-01-38
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
2. Subject to redaction requirements in rule 3.4 of the North Dakota Rules of Court, a petition must include:
a. The petitioner’s full name and all other legal names or aliases the petitioner has used at any time; b. The petitioner’s addresses from the date of the offense until the date of the petition; c. Reasons why the petition should be granted; d. The petitioner’s criminal history in this state and any other state, federal court, and foreign country, including:
(1) All prior and pending criminal charges; (2) All prior and pending charges for which an imposition of sentence has been deferred or stayed, or which have been continued for dismissal; and
(3) All prior requests by the petitioner with authorities in this state or another state or federal forum for pardon, return of arrest records, expungement, or sealing of a criminal record, whether granted or not.
3. The petitioner shall file a proposed order when filing a petition to seal a criminal record.
4. A petition filed under this section must be served upon the prosecuting official as provided by rule 49 of the North Dakota Rules of Criminal Procedure.