{"data":{"id":"us-nd/n.d.-cent.-code-12-60.1-04","jurisdiction":"us-nd","citation":"N.D. Cent. Code § 12-60.1-04","heading":"Hearing on petition","body":"1.The court may grant a petition to seal a criminal record if the court determines by clear and convincing evidence:\na.The petitioner has shown good cause for granting the petition;\nb.The benefit to the petitioner outweighs the presumption of openness of the criminal record;\nc.The petitioner has completed all terms of imprisonment and probation for the offense;\nd.The petitioner has paid all restitution ordered by the court for commission of the offense;\ne.The petitioner has demonstrated reformation warranting relief; and\nf.The petition complies with the requirements of this chapter.\n2.In determining whether to grant a petition, the court shall consider:\na.The nature and severity of the underlying crime that would be sealed;\nb.The risk the petitioner poses to society;\nc.The length of time since the petitioner committed the offense;\nd.The petitioner's rehabilitation since the offense;\ne.Aggravating or mitigating factors relating to the underlying crime, including factors outlined in section 12.1-32-04;\nf.The petitioner's criminal record, employment history, and community involvement;\ng.The recommendations of law enforcement, prosecutors, corrections officials, and those familiar with the petitioner and the offense; and\nh.The recommendations of victims of the offense.\n3.A hearing on the petition may not be held earlier than forty-five days following the filing of the petition.\n4.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.\n5.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.\n6.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.\n7.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.\n8.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.","path":["Title 12 Corrections, Parole, And Probation","Chapter 12-60.1 Sealing Criminal Records"],"source_url":"https://ndlegis.gov/cencode/t12c60-1.pdf","current_through":"2026-07-31T11:12:02","vintage":"","retrieved_at":"2026-09-02T21:04:14Z","sha256":"1d40f63f8dd57de5aecf9b1d757c5408a5a7f7019e10bc4c43cce83785eeba90","source_id":"us-nd","stale":true,"prev":"us-nd/n.d.-cent.-code-12-60.1-03","next":"us-nd/n.d.-cent.-code-12-60.1-05"},"notice":"GroundRules: Original legal text. Not legal advice."}