N.D. Cent. Code § 12-60.1-04

12-60.1-04. Hearing on petition

1. The court may grant a petition to seal a criminal record if the court determines by clear

and convincing evidence:

a. The petitioner has shown good cause for granting the petition;

b. The benefit to the petitioner outweighs the presumption of openness of the

criminal record;

c. The petitioner has completed all terms of imprisonment and probation for the

offense;

d. The petitioner has paid all restitution ordered by the court for commission of the

offense;

e. The petitioner has demonstrated reformation warranting relief; and

f. The petition complies with the requirements of this chapter.

2. In determining whether to grant a petition, the court shall consider:

a. The nature and severity of the underlying crime that would be sealed;

b. The risk the petitioner poses to society;

c. The length of time since the petitioner committed the offense;

d. The petitioner's rehabilitation since the offense;

e. Aggravating or mitigating factors relating to the underlying crime, including factors

outlined in section 12.1-32-04;

f. The petitioner's criminal record, employment history, and community involvement;

g. The recommendations of law enforcement, prosecutors, corrections officials, and

those familiar with the petitioner and the offense; and

h. The recommendations of victims of the offense.

3. A hearing on the petition may not be held earlier than forty-five days following the filing

of the petition.

4. To the extent practicable, upon receipt of a petition to seal a criminal record, the

prosecutor shall notify and seek input from law enforcement, witnesses, victims, and

correctional authorities familiar with the petitioner and the offense.

5. This section does not prohibit a prosecutor from stipulating to seal a criminal record

without a hearing or more expeditiously than provided in this section.

6. An individual aggrieved by denial of a petition in a municipal court may appeal the

denial to the district court for de novo review without payment of a filing fee. A petition

denied by the district court may be appealed.

7. Except as provided in this section and if good cause is shown, a district court denying

a petition may prohibit a petitioner from filing a subsequent petition to seal a criminal

record for up to one year following the denial. The order denying the petition must

provide the reasons establishing good cause for prohibiting the petition.

8. If a court grants a petition to seal a criminal record, the court shall state in the court

order that the petitioner is sufficiently rehabilitated but is subject to the provisions of

section 12.1-33-02.1, and shall release the information when an entity has a statutory

obligation to conduct a criminal history background check.