Can a DUI be expunged in North Dakota?

Whether a DUI can be cleared at all

North Dakota's sealing chapter does not single out driving under the influence. Under N.D.C.C. § 12-60.1-02, a person who pled guilty to or was found guilty of a misdemeanor may petition to seal the criminal record after three years without a new conviction, and five years for a felony. The chapter's only carve-outs are a felony offense involving violence or intimidation while the offender is barred from possessing a firearm, and an offense carrying a registration order under § 12.1-32-15. Sealing is discretionary: the court must find good cause by clear and convincing evidence and that the benefit to the petitioner outweighs the presumption of openness.

“An individual may file a petition to seal a criminal record if: a. The individual pled guilty to or was found guilty of a misdemeanor offense and the individual has not been convicted of a new crime for at least three years before filing the petition”

The driving record is a separate record

This is the part most summaries leave out. A court can seal or expunge the criminal case and the licensing agency can still keep the DUI on the driver record, where it reaches insurers and counts as a prior offence if there is a second one.

Not cleared. Sealing reaches court and prosecution records only. N.D.C.C. § 12-60.1-01 defines a criminal record for the chapter as court and prosecution records subject to sealing and excludes criminal history record information under § 12-60-16.1 and criminal justice data information under § 54-12-34; nothing in the chapter reaches the Department of Transportation. N.D.C.C. § 39-06-22 requires the director to keep each licensee's record of convictions readily ascertainable, and the Department states that a complete driving record includes violations and convictions that are more than three years old, obtained by submitting form SFN 51386, Request for Driver Abstract, with a $3 fee.

“A complete record will include your current point total, violations and convictions that are more than three years old and crash information. The complete record can only be obtained by submitting SFN 51386 - Request for Driver Abstract and a $3 fee”

What else sits on that record: suspensions and points in North Dakota.

How long the wait is, and from when

Three years without a new conviction for a misdemeanor driving under the influence, five years for a felony, measured back from the date the petition is filed. The court must also find that all terms of imprisonment and probation are complete and all court-ordered restitution paid. A hearing may not be held earlier than forty-five days after the petition is filed, and where a district court denies a petition it may bar a further petition for up to one year on a showing of good cause. A person granted an unconditional pardon by the governor may petition without waiting.

“b. The individual pled guilty to or was found guilty of a felony offense and the individual has not been convicted of a new crime for at least five years before filing the petition; or c. The individual was granted an unconditional pardon”

Automatic or by petition

Convictions require a petition, but non-convictions close on their own. Under N.D.C.C. § 12-60.1-05, where a court enters an order of nonconviction, meaning dismissal or acquittal of all charges in the case, on or after August 1, 2025, the court must close the court record when sixty-one days have expired. For a case disposed of before that date the defendant may petition and the court must enter a closing order within ten days. No filing fee may be charged for that petition. The section does not apply where the dismissal came from a plea agreement involving a conviction on another offense, where the case was dismissed on a fitness finding, where the verdict was not guilty for lack of criminal responsibility, or where the case was appealed.

“If a court enters an order of nonconviction on or after August 1, 2025, the court shall close the court record upon the expiration of sixty-one days.”

Where it is filed, and what it costs

N.D.C.C. § 12-60.1-03 requires the petition to be filed in the existing criminal case and to give the petitioner's full name and every other name or alias used, every address from the date of the offense to the date of the petition, the reasons the petition should be granted, and the petitioner's criminal history in North Dakota and elsewhere, including all prior and pending charges, all charges where imposition of sentence was deferred, stayed or continued for dismissal, and all previous requests for pardon, return of arrest records, expungement or sealing. A proposed order is filed with the petition, and the petition is served on the prosecuting official. No filing fee may be charged for a petition to close a nonconviction record, and an appeal from a municipal court denial to the district court carries no filing fee.

“A petition to seal a criminal record must be filed in the existing criminal case for the offense.”

Whether a cleared DUI still counts as a prior

North Dakota counts prior driving under the influence offenses over seven years, and fifteen for the felony tier. N.D.C.C. § 39-08-01 makes a first or second offense in a seven-year period a class B misdemeanor, a third offense in a seven-year period a class A misdemeanor, and any fourth or subsequent offense within a fifteen-year period a class C felony. The section also directs the court to take judicial notice that an offense would be a subsequent offense if the records of the director so indicate.

“An individual violating this section or equivalent ordinance is guilty of a class B misdemeanor for the first or second offense in a seven-year period, of a class A misdemeanor for a third offense in a seven-year period, and of a class C felony”

The statute: N.D.C.C. ch. 12-60.1 (§§ 12-60.1-01 to 12-60.1-05)

“CHAPTER 12-60.1 SEALING CRIMINAL RECORDS ... 12-60.1-02. Grounds to file petition to seal criminal record.”