Bill > HB1263

This bill amends North Dakota's existing law regarding criminal record sealing by modifying the process and requirements for petitioning to seal a criminal record. The bill outlines a comprehensive framework for courts to evaluate petitions, requiring clear and convincing evidence that the petitioner has demonstrated good cause, completed all legal obligations (such as imprisonment and restitution), and shown personal rehabilitation. Courts must consider multiple factors when deciding, including the nature of the original crime, the petitioner's risk to society, time since the offense, criminal history, employment history, and recommendations from law enforcement, prosecutors, and victims. The bill introduces a mandatory 45-day waiting period after petition filing and encourages prosecutors to seek input from relevant parties. It also changes the appeals process, allowing municipal court petition denials to be appealed to district court without a filing fee, and limits subsequent petition filings after a denial to one year instead of three. If a petition is granted, the court order must specify that the petitioner is rehabilitated but still subject to certain background check requirements. The modifications aim to provide a more structured and nuanced approach to criminal record sealing, balancing individual rehabilitation opportunities with public safety considerations.

Justice

https://ndlegis.gov/assembly/69-2025/regular/bill-overview/bo1263.html