North Dakota Background Check Laws (2026 Guide)

Last verified: March 2026. This page reflects current North Dakota Century Code Chapters 12.1-33, 12-60.1, and 13-10, along with federal FCRA requirements.

Table of Contents

• Overview of North Dakota Background Check Laws
• Ban the Box: Criminal History and Employment Applications
• The FCRA and North Dakota Background Checks
• Lookback Periods and Reporting Limits
• Criminal Record Sealing in North Dakota
• Employer Background Checks
• Housing and Tenant Screening
• Professional and Occupational Licensing
• Firearm Background Checks
• How to Request a Background Check in North Dakota
• Recent Changes and Pending Legislation
• Frequently Asked Questions

Overview of North Dakota Background Check Laws

North Dakota regulates background checks through a combination of state statutes and federal law. Employers, landlords, licensing boards, and other entities that screen individuals must follow specific rules about what information they can access, when they can ask about criminal history, and how they can use that information in decision-making.

The primary state laws governing background checks include N.D.C.C. Chapter 12.1-33 (rights of persons with convictions), N.D.C.C. Chapter 12-60.1 (sealing criminal records), and N.D.C.C. Section 13-10-03 (credit report restrictions). At the federal level, the Fair Credit Reporting Act (FCRA) sets baseline requirements that apply to every background check conducted by a consumer reporting agency.

North Dakota's Bureau of Criminal Investigation (BCI), housed within the Office of the Attorney General, serves as the state's central repository for criminal history records. The BCI maintains a database of arrests, prosecutions, and dispositions reported by law enforcement agencies and courts throughout the state.

Understanding these laws matters whether you are an employer running pre-employment screening, a landlord evaluating a rental applicant, or an individual seeking to understand your own rights. This guide covers each major area in detail.

Ban the Box: Criminal History and Employment Applications

North Dakota enacted its ban-the-box law in 2019, initially targeting public sector employers. The law is codified at N.D.C.C. Section 12.1-33-02.2. Under this statute, public employers cannot inquire about an applicant's criminal history until after the applicant has been selected for an interview.

Public Employer Requirements

State agencies, counties, cities, and other public entities in North Dakota cannot include questions about criminal history on initial employment applications. The restriction delays the criminal history inquiry to the interview stage, giving applicants a chance to be evaluated on their qualifications first.

There are exceptions to this rule. The North Dakota Department of Corrections and Rehabilitation is exempt. Public employers that have a statutory duty to conduct criminal history background checks, or that are otherwise required to consider criminal history during the hiring process, are also exempt.

Private Employer Coverage

North Dakota extended ban-the-box protections beyond the public sector. Under N.D.C.C. Section 12.1-33-05.1, private employers with four or more employees are also prohibited from asking about criminal history on initial employment applications. These employers may inquire about criminal history only after the applicant has been selected for an interview or has received a conditional job offer.

This broader coverage means that the vast majority of North Dakota employers, both public and private, must delay criminal history inquiries. Small businesses with fewer than four employees remain exempt from this requirement.

Exceptions and Limitations

Even with ban-the-box protections in place, employers can still conduct background checks later in the hiring process. The law does not prevent an employer from considering criminal history; it only controls when that inquiry happens. If federal, state, or local law prohibits hiring someone with a specific conviction for a particular position, the ban-the-box restrictions do not apply to that position.

The FCRA and North Dakota Background Checks

The federal Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.) governs how consumer reporting agencies collect, share, and use background check information. Every employer in North Dakota that uses a third-party screening company must comply with the FCRA.

Employer Obligations Under the FCRA

Before ordering a background check, an employer must provide the applicant with a standalone written disclosure explaining that a background check may be conducted. The applicant must provide written consent. These two requirements, disclosure and authorization, are not optional.

If an employer decides to take adverse action based on information in a background report (such as not hiring someone), the FCRA requires a two-step process. First, the employer must send a pre-adverse action notice that includes a copy of the report and a summary of the individual's rights under the FCRA. The individual then has a reasonable period (typically five business days) to dispute any inaccuracies. If the employer proceeds with the adverse action, a final adverse action notice must be sent.

Consumer Reporting Agency Requirements

Consumer reporting agencies that compile background check reports must follow strict accuracy and dispute resolution procedures under the FCRA. They must use reasonable procedures to ensure maximum possible accuracy of information. They must also investigate any disputes filed by consumers within 30 days and correct or remove inaccurate information.

North Dakota Credit Report Restrictions

North Dakota adds an extra layer of protection through N.D.C.C. Section 13-10-03. Under this state law, employers may only request credit reports when the information is "substantially related" to the duties of the position. This means an employer cannot pull a credit report for a warehouse position unless it can show a clear connection between the job duties and the need for credit information. Positions that involve financial management, access to sensitive financial data, or fiduciary responsibilities are more likely to meet this standard.

Lookback Periods and Reporting Limits

Understanding how far back a background check can reach is critical for both employers and applicants. North Dakota follows the federal FCRA lookback rules, and the state does not impose its own separate lookback limits for most record types.

Seven-Year Rule for Non-Conviction Records

Under the FCRA, consumer reporting agencies cannot report the following types of records if they are more than seven years old:

• Arrests that did not result in a conviction
• Civil lawsuits and civil judgments
• Tax liens (from the date of payment)
• Accounts placed for collection
• Other adverse items (excluding criminal convictions)

This seven-year restriction applies to positions where the expected annual salary is less than $75,000. For positions paying $75,000 or more, there is no time limit on reporting these items.

No State Lookback Limit on Convictions

North Dakota does not have a state law that limits how far back criminal convictions can be reported. Under the FCRA, criminal convictions can be reported indefinitely, regardless of how long ago the conviction occurred or the salary of the position.

The only way a conviction disappears from a background check is through record sealing or expungement. If a record has been legally sealed under N.D.C.C. Chapter 12-60.1, it should not appear on a background report and cannot be considered in hiring decisions.

Practical Impact

For job applicants, this means that a decades-old felony conviction that has not been sealed can still appear on a consumer background report. Employers using older convictions in hiring decisions should be aware that the EEOC has issued guidance recommending individualized assessments that consider the nature of the offense, the time elapsed, and the relevance to the position.

Criminal Record Sealing in North Dakota

North Dakota's record sealing law, codified in N.D.C.C. Chapter 12-60.1, allows individuals to petition a court to seal certain criminal records. Sealing makes the record inaccessible to the general public, private entities, and most government agencies.

Eligibility Requirements

Not all records are eligible for sealing. Under N.D.C.C. Section 12-60.1-02, the following offenses cannot be sealed:

• Crimes involving a dangerous weapon
• Intimidation offenses
• Crimes against children
• Sex offenses
• Offenses requiring sex offender registration

For eligible offenses, the petitioner must demonstrate good cause, show evidence of reformation, and convince the court that the benefit to the petitioner outweighs the presumption of openness of the criminal record. The standard of proof is clear and convincing evidence.

Waiting Periods

North Dakota law imposes waiting periods before a person can petition for record sealing. Recent legislative changes have adjusted these timelines. Individuals with misdemeanor convictions may petition after completing their sentence and remaining conviction-free for the required period. Felony convictions generally require a longer waiting period.

The court considers several factors when evaluating a petition, including the potential risk the individual poses to society, the time elapsed since the offense, rehabilitation efforts, aggravating or mitigating circumstances, criminal record, employment history, and community service activities.

Effect of Sealed Records

Once a record is sealed, the individual may legally deny that the conviction exists. Employers, landlords, and other entities cannot access sealed records through standard background check channels. Consumer reporting agencies are prohibited from reporting sealed records.

However, there is an important limitation: criminal history record information reported to the North Dakota Bureau of Criminal Investigation (BCI) cannot be sealed through this process. This means law enforcement agencies and certain authorized government entities may still access sealed records for specific purposes.

Expungement (Limited Availability)

North Dakota distinguishes between sealing and expungement. Expungement means the permanent destruction of the record. Unlike sealing, expungement is available only in narrow circumstances:

• Juvenile offenses
• Possession of less than one ounce of marijuana
• Records related to victims of human trafficking
• Unconstitutional arrests

For most individuals, sealing rather than expungement is the available remedy.

Employer Background Checks

Employers in North Dakota have several options when conducting background checks on job applicants and current employees. The scope and process depend on the type of check and the legal requirements for the position.

Types of Employment Background Checks

Employers commonly run criminal history checks, employment verification, education verification, reference checks, and credit checks (when substantially related to the job). For certain regulated industries, additional checks such as drug testing, motor vehicle records, and professional license verification may be required.

State Criminal History Checks Through the BCI

The North Dakota Bureau of Criminal Investigation offers name-based and fingerprint-based criminal history record checks. A name-based search looks for records matching the subject's name, date of birth, and other identifiers. A fingerprint-based search provides more comprehensive results because it can identify records even when the subject used an alias.

Employers requesting a BCI check must submit the required form with a $15 fee (payable by check or money order to "ND Attorney General"). Processing takes approximately 7 to 10 business days. Employers should note that the BCI cannot receive electronically transmitted fingerprints; fingerprint cards must be mailed or delivered.

Title VII Compliance

In addition to state law, employers must comply with Title VII of the Civil Rights Act of 1964. This federal law prohibits workplace discrimination based on race, color, religion, sex, or national origin. Employers cannot selectively conduct background checks on applicants based on protected characteristics. A background check policy must be applied consistently to all applicants for the same position.

The EEOC has also issued guidance noting that blanket policies disqualifying all applicants with any criminal record can have a disparate impact on certain racial and ethnic groups. Employers should conduct individualized assessments when using criminal history in hiring decisions.

Housing and Tenant Screening

Landlords in North Dakota are permitted to conduct background checks on prospective tenants, but they must follow federal and state rules governing the process.

Consent and Disclosure Requirements

Before running a background check on a prospective tenant, a landlord must obtain the tenant's written consent. This requirement comes from the federal FCRA. Landlords cannot run credit checks, criminal history checks, or eviction history searches without a signed authorization form from the applicant.

Permissible Screening Criteria

Landlords can screen for criminal history, credit history, rental history, and eviction records. Eviction records can be searched up to seven years prior to the request. Criminal background information may be used in screening decisions, but landlords cannot apply blanket policies that deny housing to all individuals with any criminal record.

Fair Housing Considerations

Federal fair housing laws prohibit discrimination in housing based on race, color, national origin, religion, sex, familial status, and disability. The U.S. Department of Housing and Urban Development (HUD) has issued guidance stating that blanket criminal history bans in housing can violate the Fair Housing Act if they disproportionately affect protected classes.

Certain convictions, particularly registered sex offenses, provide valid grounds for denial. However, arrests that did not lead to convictions generally should not be used as a basis for denying housing.

Handling Adverse Information

If a landlord denies a rental application based on information obtained through a consumer reporting agency, the FCRA requires the landlord to provide the applicant with an adverse action notice. This notice must identify the screening company, inform the applicant of their right to dispute inaccurate information, and explain that the screening company did not make the rental decision.

Professional and Occupational Licensing

North Dakota requires background checks for many professional and occupational licenses. These checks are generally more extensive than standard employment screening.

Statutory Framework

Under N.D.C.C. Section 12.1-33-02.1, a prior criminal conviction does not automatically bar a person from obtaining a state-issued professional license. The statute establishes that a conviction is disqualifying only if the offense has a direct bearing on the person's ability to serve the public in that profession and the applicant has not been sufficiently rehabilitated.

Completion of five years after final discharge or release from any term of probation, parole, or other community corrections, without a subsequent conviction, is considered prima facie evidence of sufficient rehabilitation under this statute.

Licensing Board Requirements

Individual licensing boards set their own requirements within the statutory framework. Common examples include:

• Board of Nursing: Requires a Criminal History Record Check (CHRC) for all license applicants. Fingerprint-based checks are required and must include both state and FBI databases.
• Dental Board: Requires a criminal history background check before licensure.
• Medical Imaging and Radiation Therapy Board: Requires a CHRC as part of the application process.

Disclosure Obligations

Applicants for professional licenses must disclose all convictions, not just felonies. Failure to disclose criminal history, disciplinary actions, arrests, or charges is grounds for denial or revocation of a license. There are no exceptions to this disclosure requirement.

After receiving a license, holders must continue reporting any new disciplinary actions, charges, or convictions, regardless of the state where they occur.

Firearm Background Checks

North Dakota follows federal law for firearm background checks but does not impose additional state-level requirements.

Federal Requirements

Licensed firearm dealers (Federal Firearms Licensees, or FFLs) must conduct background checks through the National Instant Criminal Background Check System (NICS) before transferring a firearm. North Dakota is not a point-of-contact state, meaning all NICS checks are processed directly through the FBI rather than a state agency.

Private Sales

North Dakota does not require background checks for private firearm sales between individuals. There is no state permit-to-purchase requirement and no waiting period for firearm purchases.

Concealed Carry Permit Exemption

Holders of North Dakota concealed weapons licenses issued after December 1, 1999, qualify for an exemption from the NICS background check when purchasing a firearm from a licensed dealer. This is because the concealed carry permit application process already includes a background check that meets ATF standards.

Disqualifying Factors

Federal law under 18 U.S.C. Section 922(g) prohibits certain individuals from possessing firearms, including those convicted of felonies, those subject to certain domestic violence restraining orders, and those convicted of misdemeanor crimes of domestic violence. These federal prohibitions apply in North Dakota.

How to Request a Background Check in North Dakota

The process for requesting a background check depends on who is making the request and the purpose of the check.

Individual Self-Checks

North Dakota residents can request their own criminal history record from the BCI. This can be useful for individuals who want to know what will appear on a background check before applying for a job or license. The request requires the completed form and a $15 fee submitted to the Attorney General's office.

Employer Requests

Employers must follow FCRA requirements (disclosure, consent, and the adverse action process) when using a third-party consumer reporting agency. For direct BCI checks, employers submit the request form with the subject's written authorization and the required fee.

Online System for Health and Human Services

As of November 2025, North Dakota Health and Human Services (NDHHS) background checks transitioned to an online system through the ND Gateway Portal. This change streamlines the process for providers, childcare facilities, and other entities required to conduct background checks through NDHHS.

Processing Times and Costs

A standard BCI name-based criminal history check costs $15 and takes approximately 7 to 10 business days. Fingerprint-based checks that include an FBI database search may cost more and take longer. Employers and licensing boards should plan accordingly when building screening timelines into their hiring or application processes.

Recent Changes and Pending Legislation

North Dakota has been actively updating its background check and criminal record laws in recent legislative sessions.

HB 1314 (2025 Session): Record Sealing Study

During the 2025 legislative session, the North Dakota legislature passed HB 1314, which directed the legislative management to study expanding access to criminal record sealing during the 2025-2026 interim. The study covers three key areas:

1. Automating the record sealing process for individuals already eligible under N.D.C.C. Chapter 12-60.1
2. Expanding eligibility for record sealing to additional offenses
3. Evaluating the costs and benefits of creating expungement processes alongside or instead of the current sealing framework

The study results and any recommended legislation will be presented to the Seventieth Legislative Assembly. This could lead to significant changes, potentially including automatic "clean slate" record sealing in North Dakota.

NDHHS Background Check System Modernization

In November 2025, North Dakota Health and Human Services moved its background check process online through the ND Gateway Portal. This modernization effort affects providers, foster care applicants, childcare workers, and other individuals who are required to undergo NDHHS-administered background checks.

Updated CHRC Request Forms

Effective August 1, 2025, the Criminal History Record Check (CHRC) request form was updated. The old form was accepted through September 30, 2025, but as of October 1, 2025, only the new form is accepted. Individuals submitting background check requests to the BCI or professional licensing boards should confirm they are using the current version of the form.

National Trends Affecting North Dakota

Across the country, states are increasingly adopting automatic record sealing (clean slate) laws. North Dakota's HB 1314 study positions the state to potentially join this trend. Employers, landlords, and licensing boards should monitor legislative developments that could affect what records are available through standard background checks.