North Dakota Criminal Defense Laws

If the victim was under 15 at the time of a sexual offense, the limitation period does not begin until the victim reaches age 15.

Longer limitation periods apply to human trafficking, felony sex offenses, and certain other serious crimes.

Class AA felonies: up to life without parole. Class A felonies: up to 20 years and $20,000 fine. Class B felonies: up to 10 years and $20,000 fine. Class C felonies: up to 5 years and $10,000 fine.

North Dakota allows sealing of certain criminal records. The petitioner must show good cause by clear and convincing evidence, demonstrate reformation, and show that the benefit outweighs the presumption of openness. All terms of imprisonment, probation, and restitution must be completed.

First-offense DUI is a class B misdemeanor with a minimum $250 fine and mandatory addiction evaluation. Fourth or subsequent DUI within 15 years is a class C felony carrying 1 to 5 years imprisonment, minimum $2,000 fine, and at least 2 years supervised probation.

North Dakota limits expungement (permanent destruction of records) to certain offenses including juvenile crimes, possession of marijuana, and crimes committed as a victim of human trafficking. For most other offenses, sealing (not expungement) is the available remedy.

Effective August 1, 2025, courts must automatically close non-conviction records after 61 days. Defendants may also petition to have pre-2025 non-conviction records closed. Pardoned convictions were also added to the list of eligible records for sealing.