North DakotaHB 12632025 Regular SessionHouse

AN ACT to amend and reenact section 12-60.1-04 of the North Dakota Century Code, relating to hearings on petitions to seal a criminal record.

Sponsored By: Nels Christianson (Republican)

Became Law

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 0 benefits, 1 costs, 3 mixed.

Stricter rules to seal criminal records

The law requires clear and convincing proof to seal a criminal record. You must show good cause and that sealing helps you more than keeping the record open. You must complete all prison and probation terms and pay all court-ordered restitution. You must show rehabilitation and meet all filing rules. Judges also weigh the crime’s severity, time since it happened, your progress, any aggravating or mitigating factors, your record, work and community ties, and input from police, prosecutors, corrections, and victims.

Appeals limited and refiling wait

If a district judge or magistrate denies your petition, you cannot appeal. If a municipal court denies it, you can appeal to district court for a new review with no filing fee. After a district court denial, you cannot appeal further. A district court may bar you from refiling for up to one year if it shows good cause, and it must explain why.

Sealed records and background checks

If the court seals your record, the order states you are sufficiently rehabilitated. Sealed records still must be shared when a law requires a criminal history background check. You also remain subject to North Dakota’s other law on sealed records (section 12.1-33-02.1).

Sealing timeline and prosecutor input changes

A hearing on a sealing request cannot be held earlier than 45 days after you file. The prosecutor must, when practical, tell and seek input from police, witnesses, victims, and corrections officials. A prosecutor can agree to seal without a hearing or on a faster timeline. These steps add time and input, but can speed things up if the prosecutor agrees.

Sponsors & Cosponsors

Sponsor

  • Nels Christianson

    Republican • House

Cosponsors

  • Jared Hendrix

    Republican • House

  • Dawson Holle

    Republican • House

  • Daniel Johnston

    Republican • House

  • Claire Cory

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 138 • No: 1

Senate vote 4/9/2025

Second reading, passed, yeas 45 nays 1

Yes: 45 • No: 1

House vote 2/3/2025

Second reading, passed, yeas 93 nays 0

Yes: 93 • No: 0

Actions Timeline

  1. Filed with Secretary Of State 04/16

    4/21/2025House
  2. Signed by Governor 04/16

    4/18/2025House
  3. Sent to Governor

    4/15/2025House
  4. Signed by Speaker

    4/15/2025House
  5. Signed by President

    4/14/2025Senate
  6. Returned to House

    4/9/2025House
  7. Second reading, passed, yeas 45 nays 1

    4/9/2025Senate
  8. Reported back, do pass, place on calendar 7 0 0

    4/8/2025Senate
  9. Committee Hearing 10:30

    4/2/2025Senate
  10. Introduced, first reading, referred Judiciary Committee

    2/13/2025Senate
  11. Received from House

    2/4/2025Senate
  12. Second reading, passed, yeas 93 nays 0

    2/3/2025House
  13. Amendment adopted, placed on calendar

    1/30/2025House
  14. Reported back amended, do pass, amendment placed on calendar 14 0 0

    1/29/2025House
  15. Committee Hearing 11:00

    1/28/2025House
  16. Introduced, first reading, referred Judiciary Committee

    1/13/2025House

Bill Text

  • Adopted by the House Judiciary Committee

  • Enrollment

  • FIRST ENGROSSMENT

  • INTRODUCED

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