Sealing an Eviction Record in North Dakota: A Renter’s Guide

Having an eviction recorded on your rental history in North Dakota can make finding a new place to live much harder. Luckily, renters in North Dakota may have options to have an eviction case record sealed. Understanding the process is important so you can take action to protect your future housing opportunities.

Who Handles Eviction Records in North Dakota?

In North Dakota, eviction records (called "unlawful detainer" cases) are handled by the North Dakota District Courts. These courts are responsible for all residential landlord-tenant disputes.

What Does Sealing an Eviction Record Mean?

When an eviction record is sealed, it is no longer accessible to the public, landlords, or tenant screening companies. That means a sealed record will not appear when future landlords run background checks.

When Can You Seal an Eviction Record?

Not all eviction cases qualify for sealing. North Dakota allows sealing if:

• The eviction action against you was dismissed
• You won the case (court ruled in your favor)
• You can show good cause (such as the eviction was filed in error or settlement with the landlord is reached)

It's important to note that if the court entered a judgment against you (meaning you lost the case), it can be much harder to have the record sealed. However, you may still apply with an explanation.

How to Start the Process: Forms and Steps

To request the sealing of an eviction record in North Dakota, you must file a motion in the District Court where your eviction case was heard.

• Form Name: Motion to Seal Eviction Record (no official form number from ND Courts)
• When to Use: Use this form after your eviction case is dismissed, decided in your favor, or if you have strong reasons (good cause) explaining why your record should be sealed.
• Where to Find: There is no pre-made statewide form. You will need to write your own request, called a "motion," to the court. The North Dakota Supreme Court’s Self-Help Center offers templates and filing guidance.

What to Include in Your Motion

• Your full name and contact information
• The case number and court location of your eviction
• A clear request to seal ("I am requesting that my eviction record in case #__ be sealed.")
• The legal reasons why your record should be sealed (e.g., case was dismissed, you prevailed, settlement reached, or evidence of hardship)
• Any supporting evidence or documents

Step-By-Step: Filing to Seal an Eviction Record

Here are the basic actions you need to take to request sealing of your eviction record:

• Gather all information about your eviction case (case number, date, court location)
• Prepare your written motion to seal, following the guidelines above
• File your motion with the clerk of the District Court that handled your eviction
• Provide copies of your motion to any other parties (such as your former landlord)
• Wait for the court to schedule a hearing, if required. Be prepared to explain your reasons
• Attend the hearing, if one is scheduled. Bring any documents supporting your request
• Receive the judge’s decision — if your motion is granted, the record is sealed and removed from public view

Processing times can vary, and the judge may ask for further information before making a decision.

Main North Dakota Landlord-Tenant Law

Evictions, sealing records, and your obligations as a renter are governed by North Dakota Century Code Chapter 47-16 (Landlord and Tenant)^[1]. This law outlines notice requirements, eviction steps, and your rights throughout the process.

Even if your eviction case is dismissed, the record may still exist in public court files until you actively request to have it sealed.

Frequently Asked Questions (FAQ)

1. Can I seal my eviction record if I lost my case?
   You can request sealing, but the court may only grant it if you show good cause—this could include evidence of error, exceptional hardship, or a settlement reached with your landlord.
2. Will my sealed eviction record show up in future background checks?
   No, once sealed by the court, your eviction case is no longer part of the public record and should not appear in tenant screenings.
3. How long does the sealing process take?
   This depends on the court’s schedule, but typically it takes several weeks after filing your motion. The court may require a hearing before making a decision.
4. What happens if my motion to seal is denied?
   You may appeal or refile if circumstances change, but in most cases, you must wait for additional grounds or supporting evidence before reapplying.
5. Is there a filing fee for sealing an eviction record?
   Fees vary by court. Ask the clerk of the District Court handling your eviction case about current costs and whether a fee waiver is available if you cannot afford to pay.

Key Takeaways for North Dakota Renters

• Sealing an eviction record can make it easier to rent in the future.
• Not every eviction record qualifies, but you should apply if your case was dismissed, won, or settled.
• Prepare a clear written motion and submit it to the District Court where your case was handled.

Understanding your rights and following the correct process gives you the best chance of protecting your rental history.

Need Help? Resources for Renters

• North Dakota Legal Self Help Center – Eviction Information: Guidance and sample documents for renters
• Legal Services of North Dakota: Free and low-cost legal help for eligible renters
• Find Your District Court: Court directory and contact details
• Review the North Dakota Century Code Chapter 47-16 (Landlord and Tenant) for your legal rights and responsibilities

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1. North Dakota Century Code Chapter 47-16 (Landlord and Tenant)
2. ND Legal Self Help Center – Eviction Resources

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