North Dakota Background Check Laws for Employers
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 that a conviction must directly relate to the job. This guide covers each one and names the agency behind it.
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At a glanceFCRA stepsBan the boxRecords you may useLookbackCredit, drugs, E-VerifyIndustry rulesServicesChecklistFAQs
North Dakota employment screening laws at a glance
Several industry pages describe North Dakota rules that do not exist. The table below lists only statutes you can read on the Legislative Branch website.
| Rule | What it requires | Administering agency |
|---|---|---|
| Federal FCRA, 15 U.S.C. § 1681 et seq. | Stand-alone disclosure, written authorization, pre-adverse and adverse-action notices, seven-year limit on reported non-convictions below $75,000. | Consumer Financial Protection Bureau; Federal Trade Commission; private suits |
| N.D.C.C. § 12.1-33-02.2 (public employers) | State, county and city employers may not inquire into or consider an applicant’s criminal record until the applicant has been selected for an interview. Exempt: the Department of Corrections and Rehabilitation and positions with a statutory background-check duty. | Each public employer; North Dakota Human Resource Management Services for state agencies |
| N.D.C.C. § 12.1-33-02.1 (state licensing) | A conviction may bar a state license only if the person is not sufficiently rehabilitated or the offense has a direct bearing on the ability to serve the public in that occupation; five years without a new conviction is prima facie evidence of rehabilitation. | State licensing boards, commissions and departments |
| N.D.C.C. ch. 12-60.1 (sealing) | Sealed criminal records are closed to the public and open only to the court, criminal justice agencies, the defendant, the state’s attorney, or by court order, and to entities with a statutory background-check duty. | District courts; Bureau of Criminal Investigation |
| N.D.C.C. ch. 14-02.4 (Human Rights Act) | No discrimination on protected traits by any employer; the EEOC guidance on criminal records applies through Title VII to employers with 15 or more employees. | North Dakota Department of Labor and Human Rights; U.S. EEOC |
| N.D.C.C. § 19-24.1-34 (medical marijuana) | The medical marijuana chapter does not prohibit an employer from disciplining an employee for possessing or using marijuana in the workplace, working under the influence, or working with marijuana in the employee’s system. | North Dakota Department of Health and Human Services (program); employers (policy) |
| N.D.C.C. §§ 12-60-16.1 to 12-60-16.10 (BCI record checks) | The Bureau of Criminal Investigation releases conviction and recent open-record information to non-criminal-justice requesters for $15 per name; the request needs the subject’s signed authorization, or BCI mails the subject notice of the release. | Bureau of Criminal Investigation, Office of Attorney General |
The FCRA process every North Dakota employer must follow
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.
Disclose and authorize
Give the applicant a clear, stand-alone disclosure that a consumer report may be obtained for employment purposes, and get written authorization before you order. Keep the disclosure free of liability waivers and extra language.
Order the right scope
Match the search to the position. Order criminal, driving, credit, and verification searches only where the job supports them, and apply the same package to every candidate for the same position.
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, stating that it did not make the decision, and explaining the right to a free file copy within 60 days and the right to dispute.
Ban the box in North Dakota: public employers only
The statute
Section 12.1-33-02.2, added in 2019, says a public employer may not inquire into or consider the criminal record or criminal history of an applicant until the applicant has been selected for an interview. “Public employer” means the state, a county or city government, and their agencies and instrumentalities; it includes park districts but not school districts. Read it in N.D.C.C. chapter 12.1-33.
Exemptions
The Department of Corrections and Rehabilitation is exempt, and so is any public employer that has a statutory duty to conduct a criminal history background check for the position, such as law enforcement and licensed care settings. School districts fall outside the definition altogether. The section also lets a public employer tell applicants that a particular criminal history will disqualify them from particular positions.
Private employers
No North Dakota statute limits when a private employer may ask about criminal history, and no North Dakota city or county has adopted a fair-chance ordinance. Earlier versions of this page described a four-employee threshold; no such rule exists. You may ask on the application, subject to Title VII.
The licensing rule
Section 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 ability to serve the public in that occupation, weighing 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 it tracks the standard an EEOC investigator will apply.
Practical policy
Many private employers move the question to the interview anyway, matching the public-sector timing and keeping a multistate policy consistent.
Whatever stage you choose, apply it to every candidate for the same position.
Which North Dakota records you may and may not use
District court records are public and searchable statewide, but sealed, pardoned and juvenile records are out of bounds.
Sealed records
Chapter 12-60.1 lets a person petition to seal a conviction after three years (misdemeanors) or five years (felonies) without a new conviction, or after an unconditional pardon. Once sealed, the record is closed to the public and open only to the court, criminal justice agencies, the parties, or by court order, and to entities with a statutory background-check duty; a screening company may not report it. See chapter 12-60.1.
Pardons and expungements
A pardon from the Pardon Advisory Board removes the record from public access, and a deferred-imposition case that is dismissed under N.D.C.C. § 12.1-32-07.1 and N.D.R.Crim.P. 32.1 is sealed 61 days after probation ends. Do not ask about them.
Deferred imposition of sentence
A deferred imposition of sentence that ends in a withdrawn plea and dismissal is not a conviction, and the court seals the file 61 days after probation ends. It may appear on a report only while the case is open.
Arrests and pending charges
No North Dakota statute bars considering arrests, but the federal FCRA limits reported non-convictions to seven years below $75,000. An arrest alone does not prove conduct; act on the underlying facts.
Juvenile records
Juvenile court records are confidential under N.D.C.C. ch. 27-20.2 and are not available for private employment screening.
BCI name-based checks
The Bureau of Criminal Investigation sells a non-criminal-justice name-based check for $15; the request carries the subject’s signed authorization or BCI mails the subject notice. It reflects fingerprint-supported convictions and recent open records only; court-level searches catch the rest, and the two are best used together.
How far back a North Dakota background check can go
North Dakota has no reporting-limit statute. The federal FCRA sets the outer limits, and your written policy decides how much of that window you use.
Non-convictions
Arrests, dismissed charges and other adverse items that did not end in conviction may not be reported more than seven years after they occurred, for positions paying under $75,000 a year.
Convictions
The FCRA places no age limit on reported convictions. Most employers adopt a seven- or ten-year policy window, which is easier to defend under the EEOC guidance.
Higher-paid positions
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 fall outside every window: once sealed, they may not be reported regardless of age.
Credit checks, drug testing, E-Verify, salary history and social media
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, and the EEOC discourages credit screens that are not job related.
Drug testing
No North Dakota statute regulates private-employer drug testing. Section 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, working under the influence, or working with marijuana in the employee’s system. Written policies are recommended; Workforce Safety & Insurance offers premium discounts for qualifying drug-free workplace programs. DOT roles follow 49 C.F.R. Part 40.
E-Verify
North Dakota has no E-Verify mandate for private or public employers. Enrollment is voluntary at e-verify.gov; Form I-9 remains mandatory for every hire.
Salary history
No salary-history ban. Pay decisions must still comply with the federal Equal Pay Act, N.D.C.C. § 34-06.1 (equal pay for equal work) and the Human Rights Act.
Social media passwords
North Dakota has not enacted a social-media password law. Requesting personal credentials remains a poor practice that exposes protected traits.
AI in hiring
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
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 through the Health and Human Services background check unit 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 under N.D.C.C. ch. 50-11.1, administered by Health and Human Services.
Schools
Applicants for teaching licenses submit fingerprints to the Education Standards and Practices Board, and 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.
Screening services built for North Dakota employers
BCS Background Screening LLC runs FCRA-compliant searches for North Dakota employers of every size, with no setup fee and per-search pricing.
North Dakota statewide criminal search
Real-time search of North Dakota district court records across all 53 counties, $20 per name with a 24-hour turnaround, every record reviewed before release Order the North Dakota statewide search.
County criminal court search
Direct research at the county courthouse, $18 plus any court fees, seven-year standard scope. This is the search that confirms a database hit before it reaches a report. County court search details.
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 before it is reported. Nationwide database search.
Motor vehicle records
State driving records for any position that drives on company business, with CDL and DOT-regulated roles supported. Motor vehicle records.
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. SSN trace.
Verifications
Employment, education, professional license, and reference verifications, plus employment credit reports for positions with financial responsibility, all ordered from the same account.
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North Dakota employer compliance checklist
Twelve steps that keep a North Dakota screening program inside the FCRA, the sealing statutes and the Human Rights Act.
- Use a stand-alone FCRA disclosure and a separate written authorization for every candidate.
- Define the screening scope for each position class and apply it to every candidate in that class.
- 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.
- Treat a dismissed deferred imposition as a non-conviction.
- 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.
- Complete Form I-9 for every hire; E-Verify is optional in North Dakota.
- Keep drug-testing policies in writing and follow 49 C.F.R. Part 40 for DOT roles.
- Pair a BCI name check (signed authorization or subject notice) with a court-level search when the position requires both.
North Dakota background check laws: employer FAQs
Each answer names the statute, what it requires, and the agency that administers it.
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 inquiring into or considering an applicant’s criminal record until the applicant has been 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.
Are employment credit checks restricted in North Dakota?
No. North Dakota has no statute limiting employer credit checks. The federal Fair Credit Reporting Act applies: stand-alone disclosure, written authorization, a pre-adverse action notice with a copy of the report and the Summary of Your Rights, and a final adverse-action notice, enforced by the Consumer Financial Protection Bureau and Federal Trade Commission. Limit credit screens to positions with financial responsibility.
How many years back can a North Dakota background check go?
North Dakota has no lookback statute, so the federal FCRA governs. Consumer reporting agencies may not report arrests and other 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.
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, and to entities with a statutory background-check duty; pardoned records and dismissed deferred impositions are likewise removed from public access. The district courts enter sealing orders and the Bureau of Criminal Investigation, part of the Office of Attorney General, maintains the repository.
What are the drug-testing rules for North Dakota employers?
No North Dakota statute regulates private-employer drug testing, and 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, use a certified laboratory and a medical review officer, 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, and every employer must still complete Form I-9 within three business days of the start date.
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 has not been sufficiently rehabilitated or the offense has a direct bearing on the ability to serve the public in that occupation, weighing the nature of the offense, evidence of rehabilitation and the time elapsed; 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 not bound by either, but the same factors track the EEOC guidance under Title VII.
Which agency enforces employment discrimination law in North Dakota?
The North Dakota Department of Labor and Human Rights enforces the Human Rights Act, N.D.C.C. ch. 14-02.4, which covers every employer. The U.S. Equal Employment Opportunity Commission enforces Title VII for employers with 15 or more employees, including its 2012 guidance that criminal-record exclusions must be job related and consistent with business necessity.
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This page is general information for employers, not legal advice. BCS Background Screening LLC is a consumer reporting agency, not a law firm. North Dakota statutes, local ordinances, and agency guidance change; confirm current requirements with employment counsel before adopting or changing a screening policy. Rules described as current were reviewed in September 2026.