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North Dakota background check laws for employers

North Dakota has no law that limits when private employers may ask about criminal history; its ban-the-box law covers only public employers. There is no North Dakota mini-FCRA, 7-year rule, or credit-check limit, so private employers follow the federal FCRA. Court records of dismissed or acquitted cases are now closed automatically, and older convictions can be sealed by petition.

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Fair-chance hiring (criminal history)

North Dakota's ban-the-box law covers only public employers (state, county, city, and park districts, not school districts), not private employers (N.D.C.C. § 12.1-33-02.2).
Public employers may not ask about or consider criminal history until the applicant is picked for an interview (N.D.C.C. § 12.1-33-02.2(1)).

City and county rules

No North Dakota city ordinance reaching private employers was found.

State consumer report rules

No North Dakota consumer reporting law adds employment-screening steps beyond the federal FCRA; the state Bureau of Criminal Investigation releases criminal history to private requesters only for convictions, or for events within the last three years, and never for purged or sealed records (N.D.C.C. § 12-60-16.6).

How far back a report can go

No North Dakota law sets a 7-year or other lookback limit on consumer reports beyond the federal FCRA.
A person may petition to seal a misdemeanor after three years, or a felony after five years, with no new conviction, or after an unconditional pardon (N.D.C.C. § 12-60.1-02(1)).
Sealing means the court and prosecution records may not be disclosed unless a court order allows it (N.D.C.C. § 12-60.1-01(7)).
A sealing order must still let the records be released to an entity that has a legal duty to run a criminal background check (N.D.C.C. § 12-60.1-04(8)).
For dismissals and acquittals entered on or after August 1, 2025, the court must close the court record after 61 days; older ones can be closed by a free petition (N.D.C.C. § 12-60.1-05).

Credit checks

No North Dakota law was found that limits employer use of credit reports beyond the federal FCRA.

Also good to know

Anyone selling criminal background checks to screen people who will care for vulnerable adults must include a search of the North Dakota Bureau of Criminal Investigation statewide database (N.D.C.C. § 12-60-16.11).

Common questions

Can North Dakota employers run a background check?

Does North Dakota have a ban-the-box law for private employers?

North Dakota's ban-the-box law covers only public employers (state, county, city, and park districts, not school districts), not private employers (N.D.C.C. § 12.1-33-02.2).

How far back does a background check go in North Dakota?

No North Dakota law sets a 7-year or other lookback limit on consumer reports beyond the federal FCRA.

Can North Dakota employers run credit checks on applicants?

No North Dakota law was found that limits employer use of credit reports beyond the federal FCRA.

Sources

This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.

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