North Dakota background check laws for employers

At a glance

The North Dakota rules on each topic, in one line. Federal law applies to every topic.

Sealed and expunged records

Who it covers: Courts and prosecutors; no employer-facing rule

In force since: August 1, 2025

Sealing is by petition (N.D.C.C. ch. 12-60.1, 2019). A person may petition to seal a misdemeanor after three years with no new conviction, a felony after five years, or after an unconditional pardon. The court weighs listed factors, including employment history, and may grant by clear and convincing evidence. Since August 1, 2025 (HB 1263), a court that denies a petition may bar a new petition for up to one year, down from three. A sealed record stays available when an entity has a statutory duty to run a criminal history check. New in 2025 (HB 1166): for nonconviction orders (dismissal or acquittal of all charges) entered on or after August 1, 2025, the court closes the court record automatically 61 days later; older nonconvictions are closed on petition within ten days. ‘Closed’ records can be seen only by court staff, criminal justice agencies, the parties, and anyone with a court order. No statute tells private employers what they may ask about sealed records.

Exceptions

• 12-60.1-02(2): violent or intimidation felonies during the firearm-ineligibility period, and offenses requiring sex-offender registration (except nonconviction closing)
• 12-60.1-04(8): release to an entity with a statutory obligation to conduct a criminal history background check
• 12-60.1-05(3): dismissals under a plea agreement, unfitness to proceed, not guilty by lack of criminal responsibility, appealed cases

N.D.C.C. 12-60.1-02(1)(a) · N.D.C.C. 12-60.1-02(1)(b) · N.D.C.C. 12-60.1-04(8) · N.D.C.C. 12-60.1-05(1) · N.D.C.C. 12-60.1-01(7) · N.D.C.C. 12-60.1-04(7) (as amended by 2025 HB 1263) · 2019 HB 1256 (enrolled), title · ND Legislative Council, Effective Dates of 2025-26 Legislation (HB 1166 and HB 1263: August 1, 2025)

Cannabis use and testing

Who it covers: All employers (19-24.1-34(2)); Human Rights Act employers with one or more employees

Medical cannabis only (N.D.C.C. ch. 19-24.1); adult-use measures failed in 2018, 2022 and 2024. The medical law does not stop an employer from disciplining an employee for possessing or using cannabis in the workplace, working under the influence, or working with cannabis in the employee’s system. It contains no anti-discrimination protection for cardholders. The Human Rights Act bars discrimination for ‘participation in lawful activity off the employer’s premises during nonworking hours’ that does not conflict with the employer’s essential business interests; cannabis use is not lawful activity under state law except as the medical law allows, and the medical law expressly preserves employer discipline. No limit on pre-employment THC testing.

Exceptions

• 19-24.1-34(2): workplace possession or use, working under the influence, working with cannabis in the system
• 14-02.4-08: lawful off-duty activity that is in direct conflict with the employer’s essential business-related interests

N.D.C.C. 19-24.1-34(2) · N.D.C.C. 14-02.4-01 · N.D.C.C. 14-02.4-02(8)

Drug and alcohol testing procedures

Who it covers: All employers in North Dakota

No procedural drug-testing statute. The only rule is that an employer that requires an employee or applicant to take a medical examination, which includes any test for drugs or alcohol, must pay for it (N.D.C.C. 34-01-15).

N.D.C.C. 34-01-15

Where federal law alone applies

We found no North Dakota rule for private employers on these topics. The FCRA and other federal laws still apply.

• Criminal history questions
• Limits on what a report includes
• Credit checks
• Salary history
• State consumer reporting law

Adverse action notices

Before you reject or act against someone because of a background check report, the FCRA requires a pre-adverse action notice, a wait, and then a final notice. The adverse action letter generator writes both notices and adds the North Dakota requirements where they apply.

The waiting period calculator gives the date under the federal rule.

Paperwork at hire

Besides the federal Form I-9 and W-4, North Dakota sets these for each new hire.

• State withholding. North Dakota has no state withholding certificate; withhold state tax from the information on the employee’s federal Form W-4. Form Federal Form W-4
• New hire report. Report each new hire to North Dakota within 20 days. State new hire reporting
• Notices at hire. North Dakota adds none beyond the federal forms that every employer gives.

Build the new hire checklist for North Dakota, with city rules, special cases and a due date for each item.

Sources

• N.D.C.C. 12-60.1-02(1)(a)
• 2019 HB 1256 (enrolled), title
• ND Legislative Council, Effective Dates of 2025-26 Legislation (HB 1166 and HB 1263: August 1, 2025)
• N.D.C.C. 19-24.1-34(2)
• N.D.C.C. 14-02.4-01
• N.D.C.C. 34-01-15

Last reviewed October 20, 2026 · General information, not legal advice.

After the hire

Once a background check clears, payroll and onboarding come next. Rippling (paid link) runs payroll, benefits and onboarding from one employee record.