Sixty-ninth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 7, 2025
HOUSE BILL NO. 1263
(Representatives Christianson, Hendrix, Holle, D. Johnston)
(Senator Cory)
AN ACT to amend and reenact section 12-60.1-04 of the North Dakota Century Code, relating to
hearings on petitions to seal a criminal record.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 12-60.1-04 of the North Dakota Century Code is amended and
reenacted as follows:
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. H. B. NO. 1263 - PAGE 2
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 may not appeal a denial of a petition from a district judge or magistrate.
7.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 not be appealed.
8.7.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 three yearsone year following the denial. The order denying the petition must provide the
reasons establishing good cause for prohibiting the petition.
9.8.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. H. B. NO. 1263 - PAGE 3
____________________________ ____________________________
Speaker of the House President of the Senate
____________________________ ____________________________
Chief Clerk of the House Secretary of the Senate
This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
Assembly of North Dakota and is known on the records of that body as House Bill No. 1263.
House Vote: Yeas 93 Nays 0 Absent 1
Senate Vote:Yeas 45 Nays 1 Absent 1
____________________________
Chief Clerk of the House
Received by the Governor at ________M. on _____________________________________, 2025.
Approved at ________M. on __________________________________________________, 2025.
____________________________
Governor
Filed in this office this ___________day of _______________________________________, 2025,
at ________ o’clock ________M.
____________________________
Secretary of State