At-a-Glance Compliance Overview

State Mini-FCRA Laws

North Dakota does not maintain a consumer reporting statute comparable to the “mini-FCRA” laws adopted in states such as California, Massachusetts, or Colorado.

Employment background checks obtained from consumer reporting agencies are governed primarily by the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.).

Employers using third-party background screening providers must comply with federal requirements, including:

• providing a clear written disclosure before obtaining a consumer report
• obtaining written authorization from the applicant or employee
• providing pre-adverse action and adverse action notices when information in a consumer report influences an employment decision.

Criminal Record Reporting Rules

North Dakota does not impose state-specific reporting limits on criminal convictions in employment background checks.

Convictions

Criminal convictions may generally be reported without time limitation under FCRA §605(a)(5).

Non-Convictions

Under the Fair Credit Reporting Act, consumer reporting agencies generally may not report arrests or other adverse non-conviction information that is more than seven years old, subject to federal salary threshold exceptions.

Record Sealing

North Dakota provides mechanisms for sealing criminal history records, including certain convictions.

Relevant statute:

N.D. Cent. Code §12-60.1-02

Key Provisions

Eligible individuals may petition to seal:

• arrests or charges not resulting in conviction
• certain misdemeanor convictions after statutory waiting periods
• certain felony convictions under limited circumstances and waiting periods

Sealed records are removed from public access and generally will not appear in routine employment background checks.

North Dakota does not provide a broad expungement framework, but record sealing serves a similar function for eligible records.

Fair Chance / Ban-the-Box Law

North Dakota has enacted a ban-the-box law applicable to public employers only.

Relevant statute:

N.D. Cent. Code §12.1-33-02.2

Key Requirements (Public Employers)

• criminal history inquiries must be delayed until later in the hiring process
• background checks typically occur after the applicant is selected for an interview or otherwise deemed qualified

Private employers

• may inquire about criminal history at any stage of the hiring process
• are not subject to statewide timing restrictions

Credit Check Restrictions

North Dakota does not have a statute specifically restricting employer use of credit reports for employment purposes.

Employers may obtain and use credit reports in compliance with the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.).

Employers should ensure that any use of credit information is:

• job-related
• consistent with applicable anti-discrimination laws

Cannabis Use and Drug Testing Rules

North Dakota permits medical marijuana use, but does not require employers to accommodate marijuana use in the workplace.

Employers may:

• maintain drug-free workplace policies
• prohibit marijuana use during work hours
• discipline employees for workplace impairment or positive drug tests

Pay Equity and Salary History Rules

North Dakota does not maintain a statewide salary history ban or pay transparency law affecting private employers.

Employers must comply with federal anti-discrimination laws governing compensation.

Local Fair Chance or Screening Ordinances

No local fair chance hiring ordinances, credit check restrictions, cannabis testing restrictions, or pay transparency laws affecting private employers have been identified in North Dakota.

Key Statutes

• Record Sealing – N.D. Cent. Code §12-60.1-02
• Public Sector Ban-the-Box – N.D. Cent. Code §12.1-33-02.2

Employer Compliance Checklist

Employers conducting background checks in North Dakota should implement several compliance practices.

• Follow federal Fair Credit Reporting Act disclosure, authorization, and adverse action requirements when ordering background checks.

• Ensure sealed records are not considered in employment decisions.

• Understand that ban-the-box timing restrictions apply to public employers, not private employers.

• Apply criminal history screening policies consistently to reduce discrimination risks.

• Evaluate use of credit information for job-relatedness and compliance with employment laws.

• Maintain clear workplace drug testing policies addressing marijuana use and workplace impairment.