Federal Law (FCRA)
The Fair Credit Reporting Act (FCRA) establishes the federal minimum requirements for employment background checks, including disclosure and authorization requirements, consumer rights, and the adverse action process. Many states impose additional requirements that employers must also follow.
Read FCRA Overview →North Dakota: Key Requirements
Scroll to view all requirements below.
Ban the Box / Fair Chance Hiring
North Dakota's ban the box law applies only to public employers, prohibiting them from asking about criminal history until an applicant has been selected for an interview. Private employers may ask about criminal history on the initial job application and at any stage of the hiring process.
Criminal Record Lookback Period
North Dakota has no state law limiting how far back a criminal background check can go. Employers must follow the federal FCRA baseline.
Reporting Restrictions
North Dakota has not adopted a mini FCRA or other comprehensive state consumer reporting law. Employers must follow the federal FCRA baseline.
Expunged / Sealed Records
North Dakota primarily uses record sealing rather than expungement. A misdemeanor may be sealed after 3 years without a new offense, and an eligible felony after 5 years. True expungement is limited to a narrow set of categories, including juvenile records, human trafficking survivors, small amounts of marijuana possession, and unconstitutional arrests. Sealed records do not appear on a standard background check.
Salary History Ban
North Dakota does not have a salary history ban. Employers may ask applicants about their previous pay.
Credit Report Restrictions
North Dakota does not restrict an employer's use of consumer credit reports in hiring decisions.
Bankruptcies
North Dakota has no state law limiting the reporting of bankruptcies. Employers must follow the federal FCRA baseline.
Civil Judgments & Lawsuits
North Dakota has no state law limiting the reporting of civil judgments or lawsuits. Employers must follow the federal FCRA baseline.
Tax Liens & Collections
North Dakota has no state law limiting the reporting of paid tax liens or collection accounts. Employers must follow the federal FCRA baseline.
Marijuana / Drug Testing Protections
North Dakota's medical marijuana law provides no employment protections for cardholders. Employers may prohibit and discipline an employee for possessing or consuming marijuana in the workplace, working under the influence, or simply having marijuana in their system while working, regardless of cardholder status. Recreational marijuana remains illegal.
Pre-Adverse Action Notice & Waiting Period
North Dakota has no state law setting a specific waiting period before taking adverse action. Employers must follow the federal FCRA baseline.
Adverse Action Notice Requirements
North Dakota has no state law adding to the federal adverse action notice process. Employers must follow the federal FCRA baseline.
Authorization Requirements
North Dakota has no state law governing background check authorization. Employers must follow the federal FCRA baseline.
Individualized Assessment
No statute. EEOC guidance under Title VII applies.
Childcare Screening
North Dakota requires a fingerprint based state and FBI criminal history check, along with a sex offender registry check and child abuse and neglect registry check, for owners, operators, staff, and certain household members at licensed child care facilities, renewed at least once every 5 years.
Unless otherwise noted, the information on this page applies to private sector employment. Government employers and certain regulated industries may be subject to additional or different requirements.
Local Ordinances That May Apply
Click a jurisdiction below to view full details.
No Local Ordinances
No known local ordinances affecting private sector background checks or hiring practices have been identified in North Dakota at this time.
This list reflects known local ordinances at the time of publication and may not be exhaustive. Employers should confirm requirements for every city or county where they hire.
What This Means for Employers
North Dakota gives employers wide latitude, but a few requirements still apply. To stay compliant:
Provide a clear disclosure and obtain written authorization before running a background check. Do not ask about or consider sealed criminal records. Run the required fingerprint based background check before hiring for any childcare role. Follow the FCRA's pre-adverse and final adverse action process before denying employment based on a report. Medical marijuana cardholder status does not need to be accommodated; employers may discipline an employee for having marijuana in their system while working, even without proof of impairment.Non-compliance can result in civil penalties, damages, and legal liability under both state and local law.
Download the North Dakota Quick Reference Guide
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