North Dakota Background Check Laws for Employers (2026)
North Dakota regulates its own public employers and leaves private hiring to the federal rules. There is no private-employer ban-the-box law, no credit-check statute, no salary-history ban, and no E-Verify mandate.
What does bind you is the federal FCRA, the sealing and pardon statutes, the Human Rights Act, and the licensing rule. This guide covers each one and names the agency behind it.
North Dakota Background Check Laws at a Glance
North Dakota has no state version of the Fair Credit Reporting Act. So, the federal FCRA sets the core rules for every North Dakota employer.
The table below lists only statutes you can read on the Legislative Branch website. Each row names the agency that administers the rule.
| Topic | Statute or Regulation | What It Does | Administered By |
|---|---|---|---|
| Consumer reports | Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (no North Dakota equivalent) | Requires a stand-alone disclosure, written authorization, and pre-adverse and adverse-action notices. | Consumer Financial Protection Bureau; Federal Trade Commission |
| State criminal records | N.D.C.C. §§ 12-60-16.1 to 12-60-16.10 | Lets BCI release conviction and recent open-record information to non-criminal-justice requesters for $15 per name. | Bureau of Criminal Investigation, Office of Attorney General |
| Fair chance / ban the box | N.D.C.C. § 12.1-33-02.2 (public employers only) | Bars state, county, and city employers from asking about criminal records before selecting an applicant for an interview. | Each public employer; Human Resource Management Services for state agencies |
| Sealed and expunged records | N.D.C.C. ch. 12-60.1; § 12.1-32-07.1 | Closes sealed, pardoned, and dismissed deferred-imposition records to the public; they may not be reported. | District courts; Bureau of Criminal Investigation |
| Lookback limits | No state cap; FCRA, 15 U.S.C. § 1681c | Bars reporting non-convictions older than seven years unless the job pays $75,000 or more. | Consumer Financial Protection Bureau; Federal Trade Commission |
| Credit reports | No state restriction; FCRA | Requires FCRA consent and adverse-action steps for employment credit checks. | Consumer Financial Protection Bureau; Federal Trade Commission |
| Salary history | No state law; N.D.C.C. ch. 34-06.1 (equal pay) | North Dakota does not ban salary-history questions, but pay must be equal for equal work. | North Dakota Department of Labor and Human Rights |
| Drug and marijuana testing | N.D.C.C. § 19-24.1-34 (medical marijuana) | Lets employers discipline workplace possession, use, impairment, or working with marijuana in the system. | Department of Health and Human Services (program); employers (policy) |
| Application questions | Title VII, ADEA, ADA, INA (federal); N.D.C.C. ch. 14-02.4 | Bars pre-offer questions about protected characteristics, disability, and citizenship status. | EEOC; U.S. Department of Justice; Department of Labor and Human Rights |
| E-Verify | No state mandate; Form I-9, 8 C.F.R. § 274a.2 | E-Verify stays voluntary except for federal contractors with the FAR clause. | U.S. Citizenship and Immigration Services |
| Social media | No state statute | North Dakota has no password-privacy law for applicants. | Not applicable |
| Occupational licensing | N.D.C.C. § 12.1-33-02.1 | Limits license denials to offenses with a direct bearing on the occupation; five clean years show rehabilitation. | State licensing boards, commissions, and departments |
| Discrimination | North Dakota Human Rights Act, N.D.C.C. ch. 14-02.4 | Bars discrimination on protected traits by every employer. | North Dakota Department of Labor and Human Rights; U.S. EEOC |
How the FCRA Applies to North Dakota Employers
The federal Fair Credit Reporting Act governs every background check a consumer reporting agency prepares for a North Dakota employer. The state rules on this page sit on top of it, never in place of it.
North Dakota has no consumer-reporting statute of its own, so the federal sequence is the whole process. Keep dated copies of the disclosure, authorization, and both notices.
Clear Disclosure
Give the applicant a clear, stand-alone disclosure that a consumer report may be obtained for employment purposes. Keep the form free of liability waivers and extra language.
Written Authorization
Get written authorization before you order. Then match the search to the position and apply the same package to every candidate for that job.
Pre-Adverse Action
Before you decide against a candidate because of the report, send a copy of the report and the CFPB Summary of Your Rights. Then wait a reasonable period, commonly five business days, so the candidate can dispute errors.
Adverse Action Notice
If you proceed, send the final notice naming the screening company and stating that it did not make the decision. Explain the right to a free file copy within 60 days and the right to dispute.
North Dakota Criminal Records: BCI Checks and Court Searches
North Dakota district court records are public and searchable statewide. However, sealed, pardoned, and juvenile records are out of bounds for private employers.
BCI Name-Based Checks
The Bureau of Criminal Investigation, part of the Office of Attorney General, maintains the state repository. Under N.D.C.C. §§ 12-60-16.1 to 12-60-16.10, BCI sells a non-criminal-justice name-based check for $15 per name.
The request carries the subject’s signed authorization, or BCI mails the subject notice of the release. The result reflects fingerprint-supported convictions and recent open records only.
Court-Level Searches
Court-level searches catch what the repository misses, so the two are best used together. North Dakota has 53 counties, and the district courts in each hold the full case file.
For that reason, BCS Background Screening LLC runs a North Dakota statewide criminal search of district court records across all 53 counties. The search costs $20 per name with a 24-hour turnaround.
A county criminal court search confirms any database hit at the courthouse before it reaches a report. It costs $18 plus any court fees.
How Far Back a North Dakota Background Check Can Go
North Dakota has no reporting-limit statute. Therefore, the federal FCRA rule in 15 U.S.C. § 1681c sets the outer limits, and your written policy decides how much of that window you use.
Non-Convictions (Federal)
Arrests, dismissed charges, and other items that did not end in conviction may not be reported more than seven years after they occurred.
Convictions (Federal)
The FCRA places no age limit on reported convictions under § 1681c(a)(5). Most employers still adopt a seven- or ten-year policy window.
Salary Exemption (Federal)
For positions expected to pay $75,000 or more, the seven-year limit on non-convictions does not apply. The individualized-assessment principle still does.
Sealed Records
Sealed records fall outside every window. Once sealed under N.D.C.C. ch. 12-60.1, they may not be reported regardless of age.
The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026. Title VII still bars using criminal history as a proxy for race or national origin, and the disparate-impact rule in 42 U.S.C. § 2000e-2(k) remains law. So keep weighing the nature of the offense, the time elapsed, and the duties of the job before you act on any record.
Which North Dakota Records You May and May Not Use
Sealed, Expunged, and Set-Aside Records
North Dakota has no automatic clean-slate sealing. Instead, a person petitions the district court under N.D.C.C. ch. 12-60.1.
The court may seal a misdemeanor three years, or a felony five years, after the last conviction. An unconditional pardon also qualifies.
Once sealed, the record is closed to the public and open only to the court, criminal justice agencies, the parties, or by court order. Entities with a statutory background-check duty may also see it; a screening company may not report it.
| Record Type | Statute | Waiting Period | Key Limits |
|---|---|---|---|
| Misdemeanor conviction | N.D.C.C. ch. 12-60.1 | 3 years after the last conviction | Petition to the district court; closed to the public once sealed |
| Felony conviction | N.D.C.C. ch. 12-60.1 | 5 years after the last conviction | Petition to the district court; closed to the public once sealed |
| Pardoned conviction | N.D.C.C. ch. 12-60.1 | After an unconditional pardon | Pardon Advisory Board; removed from public access |
| Dismissed deferred imposition | N.D.C.C. § 12.1-32-07.1; N.D.R.Crim.P. 32.1 | 61 days after probation ends | Not a conviction; sealed and may not be used |
Pardons and Deferred Impositions
A pardon from the Pardon Advisory Board removes the record from public access. Do not ask about pardoned records.
A deferred imposition of sentence that ends in a withdrawn plea and dismissal is not a conviction. The court seals the file 61 days after probation ends, so it may appear on a report only while the case is open.
Never ask about sealed or pardoned records or dismissed deferred impositions. Remove them from any report you receive before you make a decision.
Arrests and Non-Convictions
No North Dakota statute bars considering arrests. However, the federal FCRA limits reported non-convictions to seven years for positions paying under $75,000.
An arrest alone does not prove conduct. Act only on the underlying facts, and only when they are job-related.
Juvenile Records
Juvenile court records are confidential under N.D.C.C. ch. 27-20.2. They are not available for private employment screening.
Ban the Box in North Dakota: Public Employers Only
North Dakota has a ban-the-box law for public employers only. No North Dakota statute limits when a private employer may ask about criminal history, and no city or county has adopted a fair-chance ordinance.
The Public-Employer Statute
N.D.C.C. § 12.1-33-02.2, added in 2019, says a public employer may not inquire into or consider an applicant’s criminal record until the applicant has been selected for an interview. “Public employer” means the state, a county or city government, and their agencies and instrumentalities.
The definition includes park districts but not school districts. State agency hiring is administered by Human Resource Management Services; other public employers apply the section themselves.
Exemptions
The Department of Corrections and Rehabilitation is exempt. So is any public employer with a statutory duty to run a criminal history check for the position, such as law enforcement and licensed care settings.
The section also lets a public employer tell applicants that a particular criminal history will disqualify them from particular positions.
Private Employers
Private employers may ask about criminal history on the application, subject to Title VII. North Dakota requires no individualized assessment, notice, or waiting period before you act on a record.
Many private employers move the question to the interview anyway. That matches the public-sector timing and keeps a multistate policy consistent.
The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026. Title VII still bars using criminal history as a proxy for race or national origin, and the disparate-impact rule in 42 U.S.C. § 2000e-2(k) remains law. So keep weighing the nature of the offense, the time elapsed, and the duties of the job before you act on any record.
The Licensing Rule
N.D.C.C. § 12.1-33-02.1 tells state licensing boards that a conviction may disqualify only if the person is not sufficiently rehabilitated or the offense has a direct bearing on the occupation. Boards weigh the nature of the offense, evidence of rehabilitation, and the time elapsed.
Five years without a new conviction is prima facie evidence of rehabilitation, and any disqualification must be in writing. Private employers are not bound by it, but the same factors track the Title VII standard the courts apply.
Federal Contractors
Federal contractors follow the Fair Chance to Compete for Jobs Act of 2019, 41 U.S.C. § 4714. That law delays criminal-history questions until after a conditional offer for work under covered federal contracts.
What a North Dakota Job Application May Ask
North Dakota has no statute that lists forbidden pre-employment inquiries. Instead, federal law decides which questions a North Dakota application may ask.
The North Dakota Human Rights Act, N.D.C.C. ch. 14-02.4, bars discrimination on protected traits by every employer. So, the four limits below apply to nearly every North Dakota employer.
Sex, Marital Status, Religion, and Photographs
Title VII, 42 U.S.C. § 2000e-2, makes sex a lawful question only where it is a bona fide occupational qualification. Almost no job meets that test.
The EEOC treats questions about race, sex, religion, marital status, children, or pregnancy as evidence of intent to discriminate. The EEOC also says employers should not ask for a photograph before hire.
Ask instead: whether the applicant can work the schedule, travel, and overtime the job requires. Request a photograph only after hire for a badge.
Date of Birth and Age
The ADEA protects applicants 40 and older at employers with 20 or more employees. Under 29 C.F.R. § 1625.5, a date-of-birth question is closely scrutinized because it deters older applicants.
Your screening company still needs the date of birth to match criminal records. So, collect it on the FCRA authorization form after the conditional offer, never on the application.
Ask instead: “Are you at least 18 (or 21) years old?” where the job has a legal minimum age.
Disability, Health, and Workers’ Compensation
The ADA, 42 U.S.C. § 12112(d)(2), bars disability-related inquiries and medical exams before a conditional offer. Questions about health, prescriptions, prior workers’ compensation claims, or sick leave all count.
GINA, 42 U.S.C. § 2000ff-1(b), separately bars requests for family medical history. Post-offer exams must apply to every entering employee in the job category.
Ask instead: whether the applicant can perform the essential functions with or without reasonable accommodation.
Citizenship, National Origin, and Military Discharge
The Immigration and Nationality Act, 8 U.S.C. § 1324b, bars citizenship-status discrimination at employers with four or more employees. Pre-hire questions about birthplace, immigration status, or a “green card” are evidence of a violation.
USERRA, 38 U.S.C. § 4311, protects uniformed service. Do not ask the type of military discharge on an application; ask only after the offer where a law or license requires it.
Ask instead: “Are you legally authorized to work in the United States?” and “Will you need sponsorship for an employment visa?”
EEO self-identification is different. Collect race, ethnicity, sex, veteran, and disability status on a separate, voluntary form kept away from decision-makers. Private employers with 100 or more employees file the EEO-1 report each year under 29 C.F.R. § 1602.7.
Credit Reports, Salary History, Drug Testing and More
North Dakota has enacted none of the newer state hiring statutes. In each area the federal rule, or no rule at all, governs.
Employment Credit Reports
No North Dakota statute restricts employer credit checks. A section sometimes cited as § 13-10-03 does not exist in that form.
The FCRA disclosure, authorization, and adverse-action steps apply in full. Limit credit screens to positions with financial responsibility and document the reason.
Salary History and Pay Transparency
North Dakota has no salary-history ban and no pay transparency statute. Pay decisions must still comply with the federal Equal Pay Act, N.D.C.C. ch. 34-06.1 (equal pay for equal work), and the Human Rights Act.
Drug and Marijuana Testing
No North Dakota statute regulates private-employer drug testing. Employers may test applicants for THC and other drugs under a clear, consistent written policy.
N.D.C.C. § 19-24.1-34 confirms that the medical marijuana law does not stop an employer from disciplining an employee for possessing or using marijuana at work. The same applies to working under the influence or working with marijuana in the employee’s system.
Workforce Safety & Insurance offers premium discounts for qualifying drug-free workplace programs. DOT-regulated roles follow 49 C.F.R. Part 40, which still tests for marijuana.
Motor Vehicle Records
North Dakota DOT driving records are available for any position that drives on company business. The federal Driver’s Privacy Protection Act, 18 U.S.C. § 2721, permits release for employment purposes with the driver’s written consent.
Motor carriers also follow 49 C.F.R. § 391.23, which requires MVR and previous-employer inquiries. BCS Background Screening LLC pulls these reports through its motor vehicle records search.
E-Verify and Form I-9
North Dakota has no E-Verify mandate for private or public employers. Enrollment is voluntary at e-verify.gov, except for federal contractors with the FAR clause at 48 C.F.R. 52.222-54.
Every employer must still complete Form I-9 for each new hire under 8 C.F.R. § 274a.2. Finish Section 1 by the first day of work and Section 2 within three business days.
Social Media and Passwords
North Dakota has not enacted a social-media password law. Requesting personal credentials remains a poor practice that exposes protected traits, so keep any public-profile review job-related and consistent.
Automated and AI Hiring Tools
No North Dakota statute regulates automated hiring tools. Title VII disparate-impact rules apply to any screen, so test tools for adverse impact and keep a human decision-maker.
North Dakota Industry-Specific Screening Requirements
Some North Dakota jobs require fingerprint checks by law. Below are the rules employers ask about most.
Healthcare and Long-Term Care
Nursing facilities, basic care, home health, and other providers must obtain fingerprint-based criminal history checks on direct-care applicants. The Health and Human Services background check unit runs them under N.D.C.C. § 50-06-01.9 and related rules; listed offenses disqualify.
Child Care and Foster Care
Licensed early childhood programs must run fingerprint-based checks and child-abuse registry checks on staff and household members. N.D.C.C. ch. 50-11.1 governs, administered by Health and Human Services.
Schools
Applicants for teaching licenses submit fingerprints to the Education Standards and Practices Board. School districts run checks under N.D.C.C. § 15.1-13-14.
Transportation
CDL drivers follow FMCSA rules: the Drug and Alcohol Clearinghouse query, the 49 C.F.R. Part 40 panel, and motor vehicle record reviews. North Dakota DOT driving records are available through the driving-records service.
Gaming and Alcohol
Charitable gaming employees and licensees are checked by the Attorney General’s Gaming Division under N.D.C.C. ch. 53-06.1. Alcohol licensing is local.
Finance and Insurance
Banks follow FDIC Section 19; broker-dealers follow FINRA Rule 3110. Insurance producers are checked by the Insurance Department under N.D.C.C. ch. 26.1-26.
What Changed for North Dakota Employers in 2026
North Dakota passed no new screening statute in 2026. However, three federal changes affect how North Dakota employers screen this year.
EEOC rescinds its 2012 arrest and conviction guidance
The Commission voted on October 28, 2026 to rescind the 2012 Enforcement Guidance on arrest and conviction records, effective immediately. The rescission does not revive the 1987 and 1990 policy statements.
The EEOC says employers need not abandon lawful practices adopted under the rescinded guidance, and it will keep enforcing Title VII. Disparate-impact claims under 42 U.S.C. § 2000e-2(k) remain available to private plaintiffs and under state law.
What to do: Keep the individualized assessment and the written job-related criteria. They come from the courts (Green v. Missouri Pacific) and from state and local fair-chance laws, not from the rescinded guidance.
Source: EEOC press release, Oct. 29, 2026. Read the release
Medical marijuana moved to Schedule III; DOT testing is unchanged
DEA’s final rule of April 28, 2026 moved FDA-approved marijuana drug products and marijuana dispensed under state medical-marijuana licenses to Schedule III. All other marijuana remains Schedule I.
DOT testing is unchanged. 49 C.F.R. Part 40 still tests for marijuana, and DOT’s Office of Drug and Alcohol Policy and Compliance stated in May 2026 that state medical-marijuana use is not a legitimate medical explanation for a positive result under 49 C.F.R. § 40.137.
What to do: Keep testing CDL drivers and other safety-sensitive employees for marijuana under Part 40. For other roles, N.D.C.C. § 19-24.1-34 still lets you enforce a drug-free workplace policy.
Source: DEA final rule, 91 FR, Doc. 2026-08176; 49 C.F.R. § 40.137. Read DOT’s guidance
OFCCP’s EO 11246 regulations are rescinded; Section 503 and VEVRAA remain
Executive Order 11246 was revoked by Executive Order 14173 on January 21, 2025. OFCCP then rescinded its implementing regulations at 41 C.F.R. parts 60-1 through 60-50 by final rule published August 21, 2026.
The FAR overhaul likewise removed subpart 22.8 and clauses 52.222-21 through 52.222-29. Race- and sex-based affirmative-action plan and recordkeeping duties under EO 11246 no longer apply.
What to do: Keep your Title VII, Section 503 (disability), and VEVRAA (protected veterans) nondiscrimination, affirmative-action, and recordkeeping programs. Those obligations for covered contractors remain in force.
Source: Executive Order 14173, Jan. 21, 2025; OFCCP final rule, Aug. 21, 2026. Read OFCCP’s notice
North Dakota Employment Screening Services
BCS Background Screening LLC runs FCRA-compliant searches for North Dakota employers of every size. There is no setup fee, and every search is priced per name.
North Dakota Statewide Criminal Search
Real-time search of district court records across all 53 counties, $20 per name with a 24-hour turnaround. Every record is reviewed before release.
County Criminal Court Search
Direct research at the county courthouse, $18 plus any court fees, seven-year standard scope. This search confirms a database hit before it reaches a report.
Nationwide Criminal Database
$17 locator search of thousands of court, corrections, and registry sources with three name variations searched at once. Every hit is verified at the source.
Federal Criminal Search
Covers the U.S. District Court for the District of North Dakota for federal offenses.
Motor Vehicle Records
State driving records for any position that drives on company business, with CDL and DOT-regulated roles supported.
SSN Trace and Address History
Included at no extra cost in every search package: 10-plus years of reported address history to point criminal searches at the right counties.
Verifications and Add-ons
Employment, education, professional license, and reference verifications, plus employment credit reports for positions with financial responsibility.
North Dakota Employer Compliance Checklist
- Use a stand-alone FCRA disclosure and a separate written authorization for every candidate.
- Remove sex, marital status, religion, citizenship, and photograph questions from the application.
- Collect the date of birth on the FCRA authorization after the conditional offer, never on the application.
- Public employers: do not ask about criminal records until the applicant is selected for an interview.
- Never ask about sealed or pardoned records or dismissed deferred impositions, and remove them from any report you receive.
- Keep non-convictions within seven years below $75,000; set a written policy window for convictions.
- Run an individualized assessment before declining a candidate for a record, and keep a dated note.
- Send the pre-adverse action package, wait a reasonable period, then send the final adverse-action notice.
- Limit credit reports to positions with financial responsibility and document the reason.
- Keep drug-testing policies in writing, complete Form I-9 for every hire, and follow 49 C.F.R. Part 40 for DOT roles.
North Dakota Employment Screening Law FAQs
Does North Dakota have a ban-the-box law?
Only for public employers. N.D.C.C. § 12.1-33-02.2 bars the state, counties, cities, and their agencies from asking about criminal records until the applicant is selected for an interview. The Department of Corrections and Rehabilitation and positions with a statutory background-check duty are exempt.
No North Dakota statute or ordinance covers private employers. State agency hiring is administered by Human Resource Management Services; other public employers apply the section themselves.
What may a North Dakota employer ask on a job application?
North Dakota has no pre-employment inquiry statute, so federal law controls. Title VII, the ADEA, the ADA, and the INA bar pre-offer questions about sex, religion, age, disability, and citizenship status.
The EEOC, the Department of Justice, and the North Dakota Department of Labor and Human Rights enforce those rules. Collect the date of birth on the FCRA authorization after the conditional offer, not on the application.
How many years back can a North Dakota background check go?
North Dakota has no lookback statute, so the federal FCRA governs. Under 15 U.S.C. § 1681c, agencies may not report non-convictions older than seven years for positions paying under $75,000.
Convictions carry no federal age limit. Sealed records under N.D.C.C. ch. 12-60.1 may not be reported at any age; the CFPB and FTC enforce the FCRA limits.
Can a North Dakota employer see sealed or pardoned records?
No. Records sealed under N.D.C.C. ch. 12-60.1 are closed to the public and open only to the court, criminal justice agencies, the parties, or by court order. Entities with a statutory background-check duty may also see them.
Pardoned records and dismissed deferred impositions are likewise removed from public access. The district courts enter sealing orders, and the Bureau of Criminal Investigation maintains the repository.
Are employment credit checks restricted in North Dakota?
No. North Dakota has no statute limiting employer credit checks. The federal FCRA applies: stand-alone disclosure, written authorization, a pre-adverse action notice with the report and Summary of Your Rights, and a final adverse-action notice.
The Consumer Financial Protection Bureau and Federal Trade Commission enforce it. Limit credit screens to positions with financial responsibility.
What are the drug-testing rules for North Dakota employers?
No North Dakota statute regulates private-employer drug testing. N.D.C.C. § 19-24.1-34 confirms the medical marijuana law does not stop employers from disciplining workplace possession, use, impairment, or working with marijuana in the system.
Adopt a written policy and follow 49 C.F.R. Part 40 for DOT-regulated positions, administered by the U.S. Department of Transportation. Workforce Safety & Insurance offers premium discounts for qualifying drug-free workplace programs.
Is E-Verify mandatory in North Dakota?
No. North Dakota has no E-Verify mandate for private or public employers. Enrollment is voluntary through U.S. Citizenship and Immigration Services.
Every employer must still complete Form I-9 under 8 C.F.R. § 274a.2: Section 1 by the first day of work and Section 2 within three business days.
When can a conviction disqualify someone from a North Dakota state license?
Under N.D.C.C. § 12.1-33-02.1, only when the licensing board, commission, or department finds the person not sufficiently rehabilitated or the offense has a direct bearing on the occupation. Five years after final discharge without a new conviction is prima facie evidence of rehabilitation, and the disqualification must be in writing.
Public employers follow the separate interview-stage rule in § 12.1-33-02.2. Private employers are bound by neither, but the North Dakota Department of Labor and Human Rights and the EEOC still apply Title VII to criminal-record decisions.
Start Screening North Dakota Applicants Today
BCS Background Screening LLC delivers real-time court research, FCRA-ready disclosures and notices, and a quality review team that checks every record before it reaches your report.
Every user account also includes optional Multiple Authentication Factor (MAF) for added login security.
This page provides general information about North Dakota background check laws, not legal advice. Laws change often, so consult an employment attorney before you finalize a screening policy. Revised October 29, 2026.