AN ACT to create and enact a new section to chapter 47-32 of the North Dakota Century Code, relating to sealing of eviction records.

69th Legislative Assembly (2025-26) Introduced by Jeff Barta and 4 co-sponsors

Allows certain eviction records to be sealed, limiting public access after specific conditions (7 years for nonpayment/damage; after DV-related orders) to reduce barriers to housin

Filed with Secretary Of State 03/26

Purpose

SB 2238 creates a new statutory procedure allowing certain persons who have been the subject of eviction orders to seek sealing of court records related to those eviction proceedings. The aim is to reduce long‑term barriers to housing and employment that can result from publicly accessible eviction records, while placing conditions on eligibility.

Key provisions

Adds a new section to chapter 47‑32 N.D.C.C. authorizing motions to seal eviction records in two situations:

Nonpayment of rent / damage to premises
- A person subject to an eviction order for nonpayment of rent or damage, who has satisfied/resolved all related claims, may move to have all court records sealed seven years after the eviction order has been satisfied.
- Eligibility requires that the person has not been evicted from another property during the seven years following the eviction.
Victim of domestic violence
- A tenant who was subjected to domestic violence at the time of tenancy and was evicted because of that incident may move to have eviction records sealed upon either:
- conviction of the assailant for domestic violence, or
- issuance of a disorderly conduct restraining order, sexual assault restraining order, or domestic violence protection order against the assailant.

The bill references the statutory definition of domestic violence at section 14‑07.1‑01 N.D.C.C.

Committee amendment language replaces the term “expungement” with “sealing,” signaling a limitation on public access rather than complete destruction of records.

Who is affected

Tenants previously subject to eviction orders for nonpayment or property damage who satisfy claims and remain eviction‑free for seven years.

Tenants evicted as a result of domestic violence incidents who obtain a conviction or protective/restraining order against the assailant.

Landlords, courts, background screening services, and prospective landlords/employers who rely on public court records for tenant screening.

Law enforcement and courts retain access to sealed records (sealing generally restricts public access; the bill does not describe complete record destruction).

Procedural / timeline status

Introduced in the Senate March 11, 2025; adopted in committee as amended (Judiciary Committee, Feb. 5, 2025, per committee report).

Legislative actions in the record show passage in both chambers and signatures: Senate vote 35–12; House vote 88–5.

Signed by the Governor March 25, 2025 and filed with the Secretary of State March 26, 2025 (status: filed with Secretary of State 03/26/2025).

Notes & likely impact

The seven‑year waiting period for nonpayment/damage cases sets a substantial but finite barrier before sealing is available; victims of domestic violence may get earlier relief upon conviction/order.

By using “sealing” rather than “expungement,” the bill limits public visibility but likely preserves records for official uses (courts, law enforcement), which affects how sealed eviction records are treated in screening processes.

Implementation will require court procedures for motions to seal and clarity on who may access sealed records; landlords and tenant screening companies may need to adjust practices.

Bill