How Much Does It Cost to Seal a Criminal Record in North Dakota?

Every year, North Dakota residents searching for a clean slate fall prey to national online document mills that charge hundreds of dollars just to mail out free state court forms-or worse, file defective petitions that get summarily rejected. Because a District Court denial can restrict you from reapplying for up to one year and requires formal appellate procedures to challenge, miscalculating the financial and procedural requirements of record sealing carries a steep price.

On the surface, North Dakota offers one of the most affordable statutory frameworks in the Midwest for sealing a misdemeanor or felony conviction under N.D.C.C. § 12-60.1. However, between state criminal history verification, fingerprint cards, certified service postage, and professional legal advocacy for contested hearings in Fargo, Bismarck, or Grand Forks, petitioners should build a realistic budget before starting the process.

North Dakota District Court Filing Fees

In most states, petitioning to seal or expunge a conviction requires opening a brand-new civil lawsuit and paying a hefty clerk docketing fee ranging from $100 to $400. North Dakota takes a much more accessible approach that saves petitioners money right at the courthouse counter.

Under N.D.C.C. § 12-60.1-03, a petition to seal a criminal record must be filed directly inside the existing criminal action where the conviction occurred rather than as a separate civil case. Because you are filing a post-judgment motion within an existing criminal docket-whether in Cass County District Court, Fargo, Burleigh County District Court, Bismarck, Grand Forks County District Court, Grand Forks, or Ward County District Court, Minot-the clerk of court charges a $0 filing fee.

• Standard Civil Filing Fee Avoided: You do not have to pay the standard $160 civil action filing fee set by N.D.C.C. § 27-05.2-03(1)(a) when filing under N.D.C.C. § 12-60.1.
• Municipal Court Filings: If your misdemeanor was prosecuted in a city court such as Fargo Municipal Court, Fargo or Bismarck Municipal Court, Bismarck, filing inside the existing municipal case likewise carries $0 in court docketing fees.
• Indigent Fee Waivers: In the rare event an ancillary court fee or transcript expense arises and you cannot afford it, you can request a waiver using Form Petition for Waiver of Fees, North Dakota, District Court, Petition for Waiver of Fees alongside a Form Financial Affidavit, North Dakota, District Court, Financial Affidavit in Support of Petition for Waiver of Fees.

BCI Background Check Costs

While filing the petition with the clerk is free, you should never draft a record sealing petition from memory. To ensure every case number, offense date, and probation discharge date matches state records, you need an official copy of your criminal history from the North Dakota Bureau of Criminal Investigation, Bismarck.

Under N.D.C.C. § 12-60-16.9, the state statutory fee for a personal criminal history record check is strictly regulated, though you may also incur minor local charges if fingerprint verification is required.

• Mandatory BCI Record Check Fee: $15 per request, payable by check or money order to the North Dakota Office of Attorney General, Bismarck when submitting Form SFN 50744, North Dakota, Office of Attorney General, Public Request for Criminal History Record Information.
• Fingerprint Card Rolling Fees: Typically $10 to $25 at a local sheriff's office or police department in cities like Fargo, Minot, Williston, or Dickinson if your request requires biometric fingerprint verification.
• FBI National Identity History Summary (Optional): $18 if you also have out-of-state arrests or convictions that could impact your clean-conduct timeline under N.D.C.C. § 12-60.1-02.

Hidden Costs: Notary Fees and Document Retrieval

Even if you represent yourself, several small administrative expenses add up when assembling and serving your legal packet. Furthermore, all underlying criminal fines, court administration fees, and victim restitution ordered in the original case must be paid to a $0 balance before a judge will grant sealing relief.

• Notary Public Fees: Under N.D.C.C. § 44-06.1-28, North Dakota notaries may charge up to $5 per signature notarized, though note that formal court pleadings and the Form Declaration of Service, North Dakota, District Court, Declaration of Service generally allow unsworn declarations under penalty of perjury unless you attach notarized third-party character affidavits.
• Certified Court Copies: Obtaining certified copies of older judgments or final orders typically costs $20 for preparing and certifying documents from the clerk of court under N.D.C.C. § 27-05.2-03(1)(f).
• Certified Mail and Service Postage: Serving the prosecuting attorney via certified mail with return receipt requested typically costs $8 to $15 per case file.

Average Attorney Fees for Record Sealing

Hiring a qualified North Dakota criminal defense attorney is the largest cost component, but it is often the smartest financial decision you can make. Under N.D.C.C. § 12-60.1-04(6), while a District Court denial may be appealed to the North Dakota Supreme Court, Bismarck, a judge can also prohibit you from filing another petition for up to one year upon finding good cause under N.D.C.C. § 12-60.1-04(7). An experienced lawyer from our directory knows how to negotiate stipulations with local prosecutors and present clear and convincing evidence at the first hearing.

Step-by-Step Process in North Dakota

Understanding when each expense arises helps you manage your budget smoothly. Whether you are sealing a single misdemeanor in Grand Forks or a felony in Fargo, the financial and procedural steps follow a clear sequence.

Step 1: Ordering Your Official Criminal History Record

Submit Form SFN 50744, North Dakota, Office of Attorney General, Public Request for Criminal History Record Information along with your $15 statutory fee under N.D.C.C. § 12-60-16.9 to the North Dakota Bureau of Criminal Investigation, Bismarck. This report confirms all case numbers and verifies that you have met the 3-year misdemeanor or 5-year felony waiting period under N.D.C.C. § 12-60.1-02.

Step 2: Retrieving Certified Dispositions and Restitution Receipts

Check your case docket on the North Dakota Courts Odyssey portal or contact the clerk at the court of conviction, such as Cass County District Court, Fargo or Burleigh County District Court, Bismarck. Confirm that all criminal fines, supervision fees, and restitution balances are paid in full, and spend $20 for certified disposition copies under N.D.C.C. § 27-05.2-03(1)(f) if your case predates electronic records.

Step 3: Preparing and Notarizing Your Petition Packet

Draft your formal legal pleadings-including a petition to seal criminal record, notice of filing, and proposed order to seal-pursuant to N.D.C.C. § 12-60.1-03. Because North Dakota courts do not publish standard preprinted forms for sealing under this chapter, these documents must be drafted as individualized pleadings. If you gather third-party character affidavits from employers or community leaders, budget up to $5 per notarized signature under N.D.C.C. § 44-06.1-28.

Step 4: Filing With the Clerk and Paying Certified Service Postage

File your packet in the original criminal case file for $0 and spend roughly $10 to serve a complete copy via certified mail on the prosecuting office, such as the Cass County State's Attorney's Office, Fargo. Immediately file Form Declaration of Service, North Dakota, District Court, Declaration of Service to start the mandatory 45-day statutory clock.

Step 5: Attending the Hearing and Securing Certified Sealing Orders

After the 45-day waiting window under N.D.C.C. § 12-60.1-04 closes, attend your scheduled hearing (mandatory for all felonies and contested misdemeanors). Once the judge signs the order sealing your record under N.D.C.C. § 12-60.1-04, consider paying $20 for a certified copy of the signed sealing order for your personal safe under N.D.C.C. § 27-05.2-03(1)(f) before the clerk locks the file from public view.

How Long Does the Process Take?

From the day you pay your initial $15 BCI background check fee to the day your record is sealed across state databases, the process in North Dakota generally takes 3 to 6 months. Receiving your BCI criminal history report takes roughly 2 to 3 weeks.

Once your petition is filed and served on the prosecutor, N.D.C.C. § 12-60.1-04 enforces a strict 45-day waiting period before the judge can hold a hearing or issue a ruling. Docketing the hearing, obtaining the signed order, and allowing the North Dakota Bureau of Criminal Investigation, Bismarck to update state repositories takes an additional 30 to 60 days.

Frequently Asked Questions (FAQ)