Compare Records Clearance Policies | National Reentry Resource Center

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Clearance policy overview	A record relating to a delinquency proceeding can be destroyed at any time if the court finds good cause. N.D.R.Juv.P. 19.	Records relating to a first marijuana misdemeanor will be sealed by the court after two years, so long as the person is not convicted of a controlled substance offense in that time. N.D. Cent. Code, § 19-03.1-23(10).	Records relating to a prostitution conviction or an offense listed in section 12.1-41-12(1) which was committed as a direct resulting of being a victim of human trafficking can be sealed by the court. N.D. Cent. Code § 12.1-41-14.	Records relating to a misdemeanor conviction can be sealed by the court after three years. N.D. Cent. Code § 12-60.1-02(1)(a).	Records relating to a felony conviction can be sealed by the court after five years. N.D. Cent. Code § 12-60.1-02(1)(b).	Records relating to a delinquency adjudication are not generally open to the public. North Dakota Rules of Juvenile Procedure, Rule 19, N.D. Code Ann. 27-20.2-23.	Records relating to a misdemeanor case dismissed after successful completion of a drug court program are sealed by the court immediately. N.D. Cent. Code §§ 19-03.1-23(11), 39-08-01.5(3).	Records relating to a DWI case dismissed after successful completion of probation are sealed by the court immediately. N.D. Cent. Code § 39-08-01.6.	Records relating to a conviction for a misdemeanor or infraction in county court, other than a traffic offense, that occurred when the petitioner was under age 18 can be sealed by the court upon sentence completion. Neb. Rev. Stat. §§ 43-2, 108.01 et seq.	A record relating to a delinquency matter where charges were filed but later dismissed must be sealed immediately upon notice of the dismissal. Neb. Rev. Stat. § 43-2,108.03(3), (4).	A delinquency adjudication that resulted from being a victim of human trafficking may be vacated, and the related records sealed, immediately. Neb. Rev. Stat. §§ 29-3005, 29-3523.	Records relating to a delinquency adjudication are sealed after the child has successfully completed juvenile probation, supervision, or other treatment or rehabilitation program, or a county court probation or sentence. Neb. Rev. Stat. § 43-2,108.03(4).	Records relating to a delinquency case that were not automatically sealed can be sealed by the court once the person reaches the age of majority or six months have passed since the case was closed. Neb. Rev. Stat. § 43-2,108.03(6).	Records relating to a case that resulted from the defendant being a victim of human trafficking can be sealed after the conviction is set aside. Neb. Rev. Stat. § 29-3523(4).	Records relating to a conviction for which a person has received a pardon can be sealed immediately. Neb. Rev. Stat. § 29-3523(5).	A person who commits any offense and is sentenced to only a fine, probation, community service, or a period of imprisonment less than one year may petition the court to have the conviction set aside after satisfactory completion of the conditions of said sentence. Neb. Rev. Stat. § 29-2264(2),(3).	All criminal history information relating to an arrest for which no charges were filed as a result of a completed diversion program is removed from the public record two years after the date of arrest, citation, or referral for prosecution without citation. Neb. Rev. Stat. § 29-3523(3)(b).	All criminal history information relating to a charge for which the defendant completed a program prescribed by a drug court or any other problem-solving court, or for which the the defendant was granted deferred judgment and successfully completed the terms of probation, are removed from the public record. Neb. Rev. Stat. § 29-3523(3)(c)(iv), § 29-2292.	All criminal history information relating to an arrest made because of a law enforcement agency's error can be expunged. Neb. Rev. Stat. § 29-3523(6).	A record relating to a juvenile arrest but where charges were not filed, including where the juvenile satisfactorily completed diversion or mediation, must be sealed immediately. Neb. Rev. Stat. § 43-2,108.03.
Ineligible Category or Citation	Records of an alleged sex offense or sexual performance by children must be retained for 25 years. N.D. Cent. Code § 25-03.3-04. To be eligible for destruction under this section, the person cannot have any criminal charges pending before any other court.	This statute applies only to first-offense convictions for possession of one ounce or less of marijuana. N.D. Cent. Code, § 19-03.1-23(10).	There is no statutory language regarding ineligible offenses.	This section does not apply to a felony involving violence or intimidation during the period in which the offender is ineligible to possess a firearm or an offense for which an offender has been ordered to register under section 12.1-32-15. N.D. Cent. Code § 12-60.1-02(2).	This section does not apply to a felony involving violence or intimidation during the period in which the offender is ineligible to possess a firearm under subdivision section 62.1-02-01(1)(a) or an offense for which an offender has been ordered to register under section 12.1-32-15. N.D. Cent. Code § 12-60.1-02(2).	All juvenile case files and court records relating to certain alleged offenses are not eligible under this section and must be retained for 25 years. N.D. Cent. Code § 25-03.3-04.	There is no statutory language on ineligible offenses.	This section does not apply to a person licensed as a commercial driver under section 39-06.2-10. N.D. Cent. Code § 39-08-01.6(2).	This provision applies only to those offenses listed in Neb. Rev. Stat. § 42-3, 108.01.	To be eligible for automatic sealing, any required pretrial diversion or mediation for any related charges must have been completed and no related charges remain under the jurisdiction of the court. Neb. Rev. Stat. § 43-2,108.03(3).	There are no ineligible offenses.	There is no statutory language on ineligibility.	There is no statutory language on ineligibility.	There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.	Motor vehicle offenses are not eligible for relief under this section. 29-2264(3)(b).	There is no statutory language regarding ineligible offenses.	Domestic violence and DUI offenses are not eligible for deferred judgement. Neb. Rev. Stat.§ 29-2292.	There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.
Clearance Process	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Automatic	Automatic	Automatic	By petition or court's own motion	Automatic	Petition-based	Automatic	Petition-based	Petition-based	Petition-based	Petition-based	Automatic	Automatic	Petition-based	Automatic
Waiting Periods	A petition can be filed at any time.	The record is sealed after two years if the petitioner has no subsequent convictions.	There is no waiting period. The petition must be filed within two years of the date the conviction became final.	The petition can be filed three years from release from incarceration, parole, or probation.	The petition can be filed five years from release from incarceration, parole, or probation.	There is no statutory language regarding a waiting period.	There is no waiting period.	There is no waiting period.	The court can initiate proceedings or a petition can be filed upon sentence completion.	The records should be sealed immediately upon notice of the dismissal of the charges.	There is no waiting period.	There is no waiting period.	The petition can be filed once the person reaches the age of majority or six months after the case is closed, whichever is sooner.	There is no waiting period.	There is no waiting period.	There is no statutory language regarding waiting periods.	The criminal history record information is not part of the public record after two years from the date of arrest, citation in lieu of arrest, or referral for prosecution without citation. Neb. Rev. Stat. § 29-3523(3)(b).	The criminal history record information is not part of the public record upon the completion of a program prescribed by a drug court or any problem-solving court. Neb. Rev. Stat. § 29-3523.	There is no statutory language regarding a waiting period.	The records should be sealed immediately upon notice of the decision not to file charges, including after the satisfactory completion of diversion or mediation.
Fees	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There are no fees. N.D. Cent. Code § 29-32.1-03(1).	There is no statutory language on fees.	There is no statutory language on fees.		There is no statutory language on fees.	There is no statutory language on fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language on fees.	There is no statutory language on fees.	There is no statutory language on fees.	There is no statutory language on fees.	There is no statutory language on fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.
Effect	Upon the final destruction of a file or record, the proceeding must be treated as if it never occurred. N.D. Cent. Code § 27-20.2-25(2). Upon an inquiry in any matter, the child, the court, and representatives of agencies, except the attorney general and the directors of the Department of Transportation, the Department of Human Services, the Department of Corrections and Rehabilitation, law enforcement agencies, and county social service agencies, will properly reply that no record exists with respect to the child. N.D. Cent. Code § 27-20.2-25(2). For further details on the effect, see N.D. Cent. Code § 27-20.2-25(2).	Once sealed, the court record cannot be opened, even by an order of the court. N.D. Cent. Code § 19-03.1-23(10).	Disclosure of the existence or contents of court or prosecutor records is prohibited, unless authorized by court order. N.D. Cent. Code §§ 12.1-41-14, 12-60.1-01.	The person is subject to the provisions of section 12.1-33-02.1 on state licensure. Information is released when a requesting entity has a statutory obligation to conduct a criminal history check. N.D. Cent. Code § 12-60.1-04(9).	The person is subject to the provisions of section 12.1-33-02.1 on state licensure. Information is released when a requesting entity has a statutory obligation to conduct a criminal history check. N.D. Cent. Code § 12-60.1-04(9).	Upon an inquiry in any matter, the child, the court, and representatives of agencies, except the attorney general and the directors of the Department of Transportation, the Department of Human Services, the Department of Corrections and Rehabilitation, law enforcement agencies, and county social service agencies, will properly reply that no record exists with respect to the child. N.D. Cent. Code § 27-20-23.	The records are subject to examination by the clerk, a judge of the court, the juvenile commissioner, probation officers, the defendant or defendant's counsel, and the state's attorney. Others may examine the records only by court order. N.D. Cent. Code § 12.1-32-07.2(2).	The records are subject to examination by the clerk, a judge of the court, the juvenile commissioner, probation officers, the defendant or defendant's counsel, and the state's attorney. Others may examine the records only by court order. N.D. Cent. Code § 12.1-32-07.2(2).	The person can respond to any public inquiry as if the offense never occurred. Government agencies will reply to any public inquiry that no information exists. A sealed record is accessible to law enforcement and can be made available to others. Neb. Rev. Stat. § 43-2,108.05.	Upon the charges being dismissed, the county or city attorney will notify the government agency and court, who will then immediately seal all the records housed at that government agency and court pertaining to the citation, arrest, record of custody, complaint, disposition, diversion, or mediation. Neb. Rev. Stat. § 43-2,108.03(4). After the record is sealed, the person whose record was sealed can respond to any public inquiry as if the events resulting in such record never occurred. Neb. Rev. Stat. § 43-2,108.05(2).	The order shall seal all records, including any information or other data concerning any proceedings relating to the offense, including the arrest, taking into custody, petition, complaint, trial, hearing, adjudication, correctional supervision, dismissal, or other disposition or sentence, be deemed never to have occurred. Neb. Rev. Stat. § 43-2,108.05(1). After a record is sealed, the person whose record was sealed can respond to any public inquiry as if the offense resulting in such record never occurred. A government agency and any other public office or agency shall reply to any public inquiry that no information exists regarding a sealed record. Neb. Rev. Stat. § 43-2,108.05(2).	The order shall seal all records, including any information or other data concerning any proceedings relating to the offense, including the arrest, taking into custody, petition, complaint, trial, hearing, adjudication, correctional supervision, dismissal, or other disposition or sentence, be deemed never to have occurred. After a record is sealed, the person whose record was sealed can respond to any public inquiry as if the offense resulting in such record never occurred. A government agency and any other public office or agency shall reply to any public inquiry that no information exists regarding a sealed record. Neb. Rev. Stat. § 43-2,108.05(2).	The order shall seal all records, including any information or other data concerning any proceedings relating to the offense, including the arrest, taking into custody, petition, complaint, trial, hearing, adjudication, correctional supervision, dismissal, or other disposition or sentence, be deemed never to have occurred. After a record is sealed, the person whose record was sealed can respond to any public inquiry as if the offense resulting in such record never occurred. A government agency and any other public office or agency shall reply to any public inquiry that no information exists regarding a sealed record. Neb. Rev. Stat. § 43-2,108.05(2).	A person cannot be questioned about the record on any application for employment, bonding, license, education, or other right or privilege. The criminal justice agency shall respond to public inquiry as if there were no criminal history information, and the criminal history information shall not be disseminated to any person other than a criminal justice agency, except as provided in subsections (1) and (2). Neb. Rev. Stat. § 29-3523.	A person cannot be questioned about the record on any application for employment, bonding, license, education, or other right or privilege. The criminal justice agency shall respond to public inquiry as if there were no criminal history information, and the criminal history information shall not be disseminated to any person other than a criminal justice agency, except as provided in subsections (1) and (2). Neb. Rev. Stat. § 29-3523.	The order to set aside the conviction removes civil disabilities and penalties that might otherwise result from the conviction, with the exception of those effects listed in Neb. Rev. Stat. § 29-2264(6).	A person cannot be questioned about the record on any application for employment, bonding, license, education, or other right or privilege. The criminal justice agency responds to public inquiry as if there were no criminal history information, and the criminal history information is not disseminated to any person other than a criminal justice agency, except as provided in subsections (1) and (2). Neb. Rev. Stat. § 29-3523.	A person cannot be questioned about the record on any application for employment, bonding, license, education, or other right or privilege. The criminal justice agency responds to public inquiry as if there were no criminal history information, and the criminal history information is not disseminated to any person other than a criminal justice agency, except as provided in subsections (1) and (2). Neb. Rev. Stat. § 29-3523.	A person cannot be questioned about the record on any application for employment, bonding, license, education, or other right or privilege. The criminal justice agency responds to public inquiry as if there were no criminal history information, and the criminal history information is not disseminated to any person other than a criminal justice agency, except as provided in subsections (1) and (2). Neb. Rev. Stat. § 29-3523.	Upon the decision not to file charges, the county or city attorney will notify the government agency, who will then immediately seal all records housed at that government agency pertaining to the citation, arrest, record of custody, diversion, or mediation. Neb. Rev. Stat. § 43-2,108.03(4). After the record is sealed, the person whose record was sealed can respond to any public inquiry as if the events resulting in such record never occurred. Neb. Rev. Stat. § 43-2,108.05(2).
Remedy	Delete	Seal	Seal	Seal	Seal	Shield	Seal	Seal	Seal	Seal	Vacate	Seal	Seal	Seal	Seal	Set Aside	Clear	Clear	Expunge	Seal

The National Reentry Resource Center is operated by the Council of State Governments Justice Center and supported by Grant No. 15PBJA-23-GK-05503-MUMU awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.