HB 1256 Summary

• Creates Chapter 12-60.1 of North Dakota Century Code establishing a process for individuals to petition courts to seal criminal records after meeting waiting periods and other requirements.

• Allows petitions to seal misdemeanor convictions after 3 years without new charges and felony convictions after 5 years without new charges, measured from release from incarceration, parole, or probation.

• Requires courts to determine by clear and convincing evidence that petitioner has shown good cause, completed all terms, paid restitution, demonstrated reformation, and that benefits outweigh the presumption of openness before granting petitions.

• Prohibits sealing records for violent or intimidating felonies during firearm possession ineligibility periods and offenses requiring sex offender registration.

• Amends existing law to allow prosecutors to stipulate to sealing without hearing, permits limited appeals to district court from municipal court denials, and allows background check access to sealed records when statutorily required.