Can Teachers and Daycare Workers in North Dakota Get Clearances with Sealed Records?

Applying for an educator license in Bismarck or undergoing a mandatory childcare background check for an early learning center in Fargo can feel overwhelming when an old arrest or conviction sits on your record. Even a youthful misdemeanor from your college years in Grand Forks or Minot can trigger an automatic administrative hold when your fingerprints are processed by state licensing boards. Fortunately, North Dakota law provides a formal judicial mechanism to seal eligible criminal records, shielding past mistakes from public view and routine employment screenings.

However, professionals working with children face strict multi-agency vetting that goes beyond a basic commercial background check. Knowing the exact legal difference between a sealed District Court criminal file, a state fingerprint check, and the administrative Child Abuse and Neglect Index is essential before you submit your renewal or new hire paperwork. Consulting a qualified North Dakota criminal defense attorney listed in our directory can help you secure a court-ordered seal and navigate licensing board disclosures with confidence.

North Dakota Department of Public Instruction Requirements

In North Dakota, public and private school educators operate under a dual oversight framework involving the North Dakota Department of Public Instruction, Bismarck and the North Dakota Education Standards and Practices Board, Bismarck (ESPB). While the NDDPI oversees school district accreditation and statewide education policy, the ESPB holds direct statutory authority over teacher licensure and background clearances under N.D. Cent. Code § 15.1-13-10 and N.D. Cent. Code § 15.1-13-14.

Every applicant for an initial North Dakota teaching license-as well as unlicensed school staff hired by local school districts under N.D. Cent. Code § 15.1-09-33-must submit to a statewide and nationwide fingerprint-based criminal history record check conducted through the North Dakota Bureau of Criminal Investigation, Bismarck pursuant to N.D. Cent. Code § 12-60-24. Under N.D. Cent. Code § 15.1-13-26, the ESPB must automatically deny or revoke a teaching license if an individual has been convicted of specific violent felonies or sexual offenses against minors as defined in N.D. Cent. Code § 12.1-20-03 and N.D. Cent. Code § 12.1-32-15.

For non-violent misdemeanors and eligible non-sex-related felonies, sealing your record under N.D. Cent. Code § 12-60.1-02 changes how your history is reported. Once a judge in Cass County District Court, Fargo or Grand Forks County District Court, Grand Forks signs an order to seal under N.D. Cent. Code § 12-60.1-04, N.D. Cent. Code § 12-60.1-04 prohibits the clerk of court and criminal justice agencies from releasing the sealed criminal record to non-criminal justice entities unless authorized by a specific court order or federal statute. Moreover, a signed judicial order finding clear and convincing evidence of your rehabilitation provides powerful proof of good moral character to the ESPB.

Child Abuse Registry vs. Criminal Record Sealing

One of the most common misunderstandings among North Dakota teachers and daycare workers is assuming that sealing a criminal court case also clears the state Child Abuse and Neglect Index. In reality, criminal court dockets and child protection registries are governed by entirely separate statutes and agencies. While criminal charges are prosecuted in state courts, the Child Abuse and Neglect Index is an administrative database maintained by North Dakota Health and Human Services, Bismarck under N.D. Cent. Code § 50-25.1-05.5.

In Raboin v. North Dakota Department of Human Services, 552 N.W.2d 329 (ND Supreme Court 1996) and Simons v. North Dakota Department of Human Services, 803 N.W.2d 587 (ND Supreme Court 2011), the North Dakota Supreme Court, Bismarck examined how administrative determinations of child abuse or neglect by the department carry independent legal consequences for childcare providers and are subject to administrative appeal procedures under the Administrative Agencies Practice Act (N.D. Cent. Code § 28-32-01). Consequently, even if a criminal charge is dismissed or sealed in District Court, an administrative finding labeled as 'services required' or 'confirmed' on the Child Abuse Registry remains visible during childcare clearances unless separately appealed or administratively expunged through North Dakota Health and Human Services, Bismarck.

Daycare Licensing Background Checks

Early childhood professionals, home daycare operators, and staff at licensed child care centers in Fargo, Bismarck, Grand Forks, and Minot must pass comprehensive background checks mandated by N.D. Cent. Code § 50-11.1-06.2 and the federal Child Care and Development Block Grant Act (42 U.S.C. § 9858f). To work in a licensed North Dakota daycare, applicants must submit Form SFN 60688, North Dakota, Bureau of Criminal Investigation, Criminal History Record Check Request along with Form SFN 433, North Dakota, Health and Human Services, Child Abuse and Neglect Background Inquiry.

Under N.D. Cent. Code § 50-11.1-06.2, certain offenses-such as violent felonies, child abuse, domestic violence within the statutory lookback window, or misdemeanor offenses against children-trigger mandatory disqualification from daycare employment. However, if your past record involves a non-disqualifying misdemeanor or an older non-violent felony (such as shoplifting, issuing a check without sufficient funds, or minor drug possession) and you obtain a sealing order in Burleigh County District Court, Bismarck or Ward County District Court, Minot, sealing the record removes the public stigma and demonstrates to North Dakota Health and Human Services, Bismarck that a judge has formally verified your rehabilitation.

What to Tell Your Principal or Superintendent

When applying for a teaching position with a local North Dakota school district, read the exact phrasing of the employment application carefully. Once your criminal record is sealed under N.D. Cent. Code § 12-60.1-04, the case disappears from the public North Dakota Courts Odyssey portal, meaning a principal or HR director running a routine name search will see nothing. If a school district application asks whether you have any 'unsealed criminal convictions,' you can truthfully answer 'No.'

However, when completing state licensing questionnaires for the North Dakota Education Standards and Practices Board, Bismarck under N.D. Cent. Code § 15.1-13-14, the board often asks whether you have ever pleaded guilty, been convicted, or received a deferred imposition of sentence, even if the record was subsequently sealed or expunged. Never conceal a conviction if a statutory licensing form explicitly demands disclosure of sealed records, as dishonesty itself is grounds for license denial under N.D. Cent. Code § 15.1-13-25. Instead, attach a certified copy of your signed sealing order to show the board and your superintendent that a North Dakota District Court judge reviewed your character under N.D. Cent. Code § 12-60.1-04 and found clear and convincing evidence of your complete rehabilitation.

Step-by-Step Process in North Dakota

Teachers and childcare workers seeking to seal a North Dakota criminal conviction before applying for state clearances should follow these six steps.

Step 1: Request Your Official NDBCI Record

Submit Form SFN 50744, North Dakota, Office of Attorney General, Public Request for Criminal History Record Information to the North Dakota Bureau of Criminal Investigation, Bismarck. Verify the exact disposition dates for every misdemeanor or felony entry on your sheet.

Step 2: Confirm Eligibility Under N.D. Cent. Code § 12-60.1-02

Ensure that at least 3 years have passed since you completed all probation and court conditions for a misdemeanor, or at least 5 years for a qualifying felony. Verify that the offense does not fall under the statutory exclusions for violent felonies or crimes requiring offender registration under N.D. Cent. Code § 12.1-32-15.

Step 3: Complete the Petition to Seal Forms

Draft your formal legal pleadings-including a petition to seal criminal record and a proposed order to seal-pursuant to N.D. Cent. Code § 12-60.1-03 (the state does not publish official fill-in-the-blank forms for sealing, requiring individualized court pleadings). Highlight your career in education or childcare, attach reference letters from administrators or colleagues, and include proof of community service or continuing education.

Step 4: File in the Originating Court and Notify the Prosecutor

File your petition under the original criminal case number in the court where you were convicted, such as Cass County District Court, Fargo, Burleigh County District Court, Bismarck, Grand Forks County District Court, Grand Forks, or Ward County District Court, Minot. Serve the prosecutor with the petition and a formal notice of filing.

Step 5: Present Rehabilitation Evidence at the Hearing

After the mandatory 45-day notice period under N.D. Cent. Code § 12-60.1-04, attend the court hearing if scheduled. Your attorney will argue the statutory factors-including the nature of the offense, your spotless record since completion of sentence, and your professional need to pass background checks in North Dakota schools or daycares.

Step 6: Secure Certified Copies and Verify Closure

Allow the clerk of court to process the file and transmit the sealing directive under N.D. Cent. Code § 12-60.1-04 following the standard 30-day appellate notice window under N.D.R.App.P. 4(b). Keep at least three certified copies of the court order in your personal files to provide to the ESPB or North Dakota Health and Human Services, Bismarck if requested during fingerprint review.

How Much Does it Cost in North Dakota?

The financial cost of sealing a criminal record in North Dakota is relatively low, making it an accessible investment for educators and daycare workers:

• Court Petition Filing Fee: $0 (Filing a petition to seal inside an existing North Dakota criminal case carries no court filing fee).
• NDBCI Personal Criminal History Check: $15 state processing fee.
• State and FBI Fingerprint Clearance Fee (for Licensing): $41.25 to $45.00 payable during ESPB or HHS background screening.
• Certified Court Copies & Postage: $20 statutory clerk fee for preparing and certifying each court order under N.D. Cent. Code § 27-05.2-03(1)(f), plus roughly $10 to $15 for service mailings.
• North Dakota Attorney Representation: Typically $800 to $2,500 depending on the complexity of the underlying charge and whether a formal hearing is required before the District Court judge.

How Long Does the Process Take?

Teachers and childcare workers should start the record sealing process at least 3 to 4 months before applying for a new license or job contract. Under N.D. Cent. Code § 12-60.1-04, the court is legally barred from holding a hearing on a felony or contested misdemeanor petition until at least 45 days after the prosecutor is served. Factoring in docket scheduling in busy venues like Cass County District Court, Fargo and the 30-day appellate window under N.D.R.App.P. 4(b) before the clerk seals the record, most petitions take 75 to 120 days to fully clear the public court portal and NDBCI database.

If you want to protect your teaching career or daycare license in North Dakota, connect with a skilled local criminal defense attorney in our directory to prepare a persuasive petition and represent you in court.

Frequently Asked Questions (FAQ)