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HB 1166

Cities and towns; annexation; procedures; annexation of territory without consent of majority of owners; effective date.

2025 Regular Session Introduced by Brent Howard and 1 co-sponsor

Automates or expedites sealing of nonconviction records (dismissals, acquittals, pardons) to close court records from public access.

Approved by Governor 06/09/2025
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WeVote Research Nonpartisan
Bill Summary · HB 1166

Summary — HB 1166 (North Dakota) — Closing / Sealing Certain Criminal Records

Purpose

HB 1166 revises North Dakota law on sealing (closing) court and prosecution records. Its primary goal is to ensure non‑conviction criminal records (dismissals, acquittals, and pardons) are closed from public court access and to clarify eligibility and procedures for sealing criminal records more generally.

Key provisions

  • Definitions (amends NDCC § 12‑60.1‑01)

    • Clarifies terms such as “closed,” “court record,” “criminal record,” “nonconviction,” “seal,” and “prosecutor.”
    • Specifies that a “criminal record” for sealing purposes covers court and prosecution records (not raw criminal history record information held in criminal justice databases).

  • Grounds to petition to seal (amends NDCC § 12‑60.1‑02)

    • An individual may petition to seal:
    • a misdemeanor conviction after at least 3 years without a new conviction; or
    • a felony conviction after at least 5 years without a new conviction.
    • An unconditional pardon by the governor is ground to petition to seal.

  • Automatic sealing / closing of nonconviction records (new section)

    • For orders of nonconviction entered on or after August 1, 2025: the court must close the court record automatically upon the expiration of 61 days after the nonconviction entry.
    • For nonconviction orders entered before August 1, 2025: the defendant may file a petition; if the defendant meets the statutory requirements the court must enter an order closing the record within 10 days of the petition.
    • No filing fee may be charged for petitions filed under this section.

Exceptions / limits

  • The sealing provisions do not apply in specified circumstances, including (but not limited to):
    • Where the dismissal resulted from a plea that involved a conviction on another offense;
    • Cases dismissed for lack of fitness to proceed or where not guilty by reason of lack of criminal responsibility (per chapters 12.1‑04 and 12.1‑04.1);
    • Cases under appeal.
  • The chapter otherwise excludes (except as provided) felony offenses involving violence/intimidation during the period the offender is ineligible to possess firearms, and offenses requiring sex‑offender registration.

Who is affected

  • Defendants whose cases resulted in dismissal, acquittal, or pardon — such nonconviction records will be closed automatically (for qualifying dates) or by petition.
  • Individuals with eligible convictions seeking record sealing — subject to the multi‑year waiting periods (3 years for misdemeanors; 5 years for felonies).
  • Courts and clerks — required to close records and process petitions within the statutory timelines.
  • Prosecutors and criminal justice agencies — affected by access and disclosure limitations for sealed/closed records.

Timing, implementation, and procedural notes

  • Automatic closing applies to nonconviction orders entered on or after August 1, 2025.
  • For earlier nonconviction cases, defendants must file petitions; courts must act within 10 days if requirements are met.
  • The bill contains an emergency clause (declared an emergency measure), and legislative records indicate the measure passed both chambers (House 92–1, Senate 46–0), was signed by the Governor (04/21/2025) and filed with the Secretary of State (04/22/2025) as Act 245.

Practical impact

  • Increases privacy and reduces collateral consequences for people not convicted (dismissed, acquitted, pardoned) by removing routine public name‑search access to those court records.
  • Establishes clearer, faster timelines for record closure and creates a streamlined petition route for pre‑August 1, 2025 nonconviction cases.
  • Preserves public access/exceptions for certain serious offenses and procedural situations (appeals, plea agreements resulting in other convictions, competency matters).

If you want, I can:
- Provide the full text changes side‑by‑side with current statute language; or
- Draft a one‑page explainer for court clerks and defense attorneys summarizing required actions and timelines.

Compiled from official sources — confirm details with the bill’s official record.

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