# Title 10 — Attorney General

## Article 10-13 — Criminal History Record Information

## Chapter 10-13-11 — Purging and Sealing of Criminal History Record Information

### § 10-13-11-01. Court order required.

Criminal history records, or portions thereof, may be purged or sealed only when expressly
authorized by state or federal law and pursuant to a court order from a court of competent jurisdiction.
History: Effective November 1, 1987; amended effective January 1, 2016.
General Authority: NDCC 12-60-16.3
Law Implemented: NDCC 12-60-16.3
### § 10-13-11-02. Purging limited.

Purging must be accomplished so as to retain records or portions of records which are not the
direct objective of a purge order. Agencies may destroy an entire record, including biometric data,
photos, and arrest and disposition data, or they may destroy only specific portions of a record to
accomplish the required purge.
History: Effective November 1, 1987; amended effective January 1, 2016.
General Authority: NDCC 12-60-16.3
Law Implemented: NDCC 12-60-16.3
### § 10-13-11-03. Access to sealed records.

Criminal justice agencies may access sealed records for the following purposes:
1. Records management.
2. Review by the record subject.
3. Authorized research and statistical purposes.
4. Upon court order from a court of competent jurisdiction.
History: Effective November 1, 1987; amended effective January 1, 2016.
General Authority: NDCC 12-60-16.3
Law Implemented: NDCC 12-60-16.3
### § 10-13-11-04. Methods of sealing.

Records may be sealed by attaching a special marking to sealed files, or by removal from the
general record file and storage in a separate, secured file. In automated systems, sealing must be
accomplished by limiting access to the sealed records or portions of the records to specific terminals or
specifically authorized persons, or to specific terminals and specifically authorized persons.
History: Effective November 1, 1987; amended effective January 1, 2016.
General Authority: NDCC 12-60-16.3
Law Implemented: NDCC 12-60-16.3
