Wiped Clean: Close/Seal Your Record After a Dismissal, Acquittal, or Pardon

By: Adam Justinger

Introduction

During the 69th Legislative Assembly, House Bill 1166 was introduced. The purpose of HB 1166 was to allow individuals who have had their case(s) dismissed, who were acquitted after a trial, or who have received a Governor’s pardon, to have their records sealed/closed. Attorney Adam Justinger of SW&L Attorneys was a strong proponent of the bill, assisting with its development and providing testimony in support. HB 1166 passed both the House and the Senate and was signed by Governor Kelly Armstrong on April 23, 2025. So, what does that mean?

Starting August 1, 2025, individuals in North Dakota will have the ability to close certain criminal records that did not result in a conviction. This change can significantly help individuals move forward from a dismissed/acquitted charge that might otherwise follow them through background checks or employment screenings. Additionally, individuals will also be able to petition the courts to seal their criminal record when they have received an unconditional governor’s pardon. This law is in addition to the existing statute that allows individuals to seal criminal convictions. For more information on that process, read our previous blog.

Closing Nonconviction After August 1, 2025

Under the new law, if a case ends in a nonconviction on or after August 1, 2025, the court will automatically close the record after sixty-one days. A non-conviction includes situations where the case was dismissed, the individual was acquitted, or charges were otherwise resolved without a conviction. This part of the law does not require any action by the defendant.

What About Old Nonconviction Cases?

But what about older cases resolved before August 1, 2025? If your case was dismissed before this date, you can still petition the court to close your record. This is not automatic. You must file a petition, and if your case meets the qualifications listed in the statute, the court must close the record within ten days of the filing. The statute does lay out a few important exceptions. If your case was dismissed as part of a plea agreement involving a conviction on another offense, the law does not apply. Similarly, if your case was dismissed because you were found unfit to proceed or not guilty due to a lack of criminal responsibility, you cannot use this statute to close the record. Cases that were appealed are also excluded.

Sealing Unconditional Governor’s Pardon Cases

The new law also allows individuals who have received a governor’s pardon to petition the court to seal their criminal records. To do so, the individual must file the petition in the original criminal case and provide personal and background information, including all prior criminal history and previous attempts to seal records. The court may grant the petition if it finds clear and convincing evidence that the person has shown good cause, completed all sentencing terms and restitution, demonstrated rehabilitation, and that sealing the record serves the public interest. The law also requires the petitioner to notify the prosecutor, and the court will consider a variety of factors before making its decision, including the severity of the offense, the time passed, risk to society, and input from victims and law enforcement. While this process doesn’t guarantee a sealed record, it offers a meaningful opportunity for individuals who have been pardoned to move forward with a clean slate.

In Conclusion

If you have had your case dismissed, been acquitted after a trial, or received a governor’s pardon in North Dakota and want to know whether you qualify to have your record closed/sealed, we can help. Filing a petition is not always straightforward, especially when it comes to proving eligibility under the law. Having an attorney assist you with this process can help ensure it’s done right and give you the best chance at moving forward with a clean slate. For help with matters concerning your record in North Dakota, please contact SW&L Attorneys at 701-297-2890. For future articles, check out our blog page. This article is for informational purposes only and is subject to our disclaimer.