There is one question that determines whether you get hired. Not the application. Not the background check. Not what the charge was or how long you were inside.
The question is this: why you, over the thirty other people I could hire who don't have a criminal record?
If you walk in without a ready answer, you will not get the job. The interviewer can see the pause the moment you don't have something prepared, and once they see it, the room shifts against you. What you need is an answer practiced enough to say with confidence and humility at the same time.
The answer that works is this:
Everybody deserves a second chance. Somebody is going to give me one. And they are going to get the best employee they ever had, because I am never, ever going to do something that sends me back to prison.
Say it clean. Say it without flinching. It makes no excuses, asks for no sympathy, and tells the employer the one thing they actually need to know: you have more reason to perform than anyone else in that stack.
Then live it. The light is on you from the first day. Use it. Work twice as hard as the person next to you. Show up earlier, stay later, and make that scrutiny your shining light, not a shadow. The person standing next to you does not have anyone watching them that closely. You do. That is the advantage if you decide to use it.
What the Law in North Dakota Says About Your Record
North Dakota's ban the box law (HB 1282, enacted 2019, codified at N.D. Cent. Code § 12.1-33.02.2) applies to public sector employers only. State agencies and public employers cannot ask about an applicant's criminal history until the candidate has been selected for an interview. The law does not apply to private employers. Exceptions exist for schools, the Department of Corrections, the Department of Rehabilitation, and positions where federal or state law requires earlier criminal history screening.
Private employers in North Dakota face no statewide timing restriction. A private company can ask about criminal history on the initial application and make hiring decisions without any state-mandated review process. EEOC guidance applies statewide, however: all employers are advised to assess convictions in relation to the specific job and circumstances rather than applying blanket exclusions, which can create federal disparate impact liability.
Federal FCRA protections apply statewide. Non-conviction records older than seven years cannot appear on consumer reporting agency background checks for most positions. North Dakota has no separate state lookback limit for convictions.
North Dakota has a meaningful record sealing system under N.D. Cent. Code § 12-60.1-02. Record sealing is petition-based and available for most conviction types after a charge-free waiting period. Misdemeanor convictions are eligible for sealing three years after the date of conviction. Felony convictions are eligible for sealing five years after the date of conviction. Conditions: sentence must be completed, all restitution paid, and no new conviction during the waiting period. A 2021 reform (HB 1196) made the waiting period run from the date of guilty plea or finding rather than from the date of release, which brings the clock forward for most people. A 2025 law (HB 1166) added pardoned convictions to the list of eligible records. Not eligible: convictions for violent or intimidation felonies within the 10-year firearm restriction period, or convictions requiring registration as a sexually violent offender.
Once sealed, a North Dakota record is removed from public view. For sealed records, the person may respond to inquiries as though the arrest did not occur.
Building the Answer Before You Need It
In North Dakota, your answer in the interview is what carries you with private employers. The law gives you no application-stage protection with private companies. So you have to walk in ready.
North Dakota Department of Corrections and Rehabilitation (DOCR) provides Career Readiness programming inside facilities. Graduates of the Career Readiness class who meet specific criteria are referred to the Job Placement Pilot Program (JP3), launched July 2023 through a partnership between DOCR and Job Service North Dakota (JSND). JP3 provides employment assessments, goal planning, and support services to remove barriers to work. Data through September 2024 shows participants achieving employment rates of 75 to 80 percent, with average quarterly earnings of $9,480 -- more than double the earnings of those who do not complete the program.
Additional workforce training through the Workforce Innovation and Opportunity Act (WIOA) provides access to in-demand job training programs in North Dakota, coordinated through JSND.
Start with what you did inside. Any DOCR vocational training, Career Readiness class completion, or work assignment is content, not a gap. Then connect it to what this employer specifically needs.
North Dakota's economy runs on energy (oil and gas in the Bakken formation in western ND), agriculture, healthcare, technology, and government. Fargo, Bismarck, Grand Forks, Minot, and Williston are the primary labor markets. The western energy sector around Williston and Dickinson has sustained persistent labor demand. Whatever you are applying for, make the answer specific to what that employer needs.
Practice it out loud. Until the hesitation is completely gone. The pause is what loses the room. Eliminate it before you sit down.
Companies in North Dakota That Hire People with Criminal Records
North Dakota's economy, anchored by Fargo and Bismarck with significant energy sector activity in Williston and Dickinson and agricultural processing across the eastern half of the state, creates consistent demand across sectors.
Amazon, Walmart, Home Depot, and major food service operators have North Dakota operations and national fair chance commitments. Healthcare systems including Sanford Health, Essentia Health, and CHI St. Alexius Health hire in support and entry-level roles. Energy companies operating in the Bakken formation hire in production, transportation, and support operations. Agricultural processing employers across the Red River Valley and central ND hire year-round. Construction contractors statewide face consistent labor shortages.
Job Service North Dakota career centers, with locations in Bismarck, Fargo, Grand Forks, Minot, Williston, and other communities, can connect returning citizens directly to employers and WOTC documentation.
Staffing agencies across Fargo and Bismarck are the most accessible first step, placing workers in healthcare support, manufacturing, and logistics with more flexibility than direct hire.
For the full national list of companies with public fair chance commitments, see the InmateAid Fair Chance Employer Reference List.
The Tax Credit Employers Get for Hiring You
Here is the closing argument for every conversation with an employer on the fence.
There is a federal program called the Work Opportunity Tax Credit, or WOTC. When an employer hires someone from a qualifying group, including individuals recently released from prison, the employer may receive a significant federal tax credit per qualifying hire. That is not charity. It is a business incentive the federal government created specifically to make hiring returning citizens financially advantageous.
You are not asking anyone to take a risk on you. You are telling them your hire comes with a tax benefit attached that none of the other thirty applicants can offer. Say it at the end of the interview, after you have made your case: I qualify for the Work Opportunity Tax Credit. Hiring me may put money back in your business. And I will give you the best work you have ever gotten from a new hire, because I have too much to lose to give you anything less.
Job Service North Dakota (JSND) career centers coordinate WOTC certification and Federal Bonding access for employers statewide.
Where to Get Help in North Dakota
Job Service North Dakota (JSND), operated through the ND Department of Commerce, provides job search assistance, career counseling, employment placement, WOTC coordination, and Federal Bonding access. Locations in Bismarck, Fargo, Grand Forks, Minot, Williston, and statewide. Contact at jobsnd.com.
North Dakota Department of Corrections and Rehabilitation (DOCR) provides Career Readiness programming, vocational training, and the Job Placement Pilot Program (JP3) referral pathway for employment placement. Contact through docr.nd.gov.
Job Placement Pilot Program (JP3) -- launched July 2023 through DOCR/JSND partnership; employment assessments, goal planning, barrier removal, and employment placement for qualifying DOCR Career Readiness graduates; 75-80 percent employment rate for participants.
Legal Services of North Dakota (lsnd.org) provides free civil legal services for low-income North Dakotans, including record sealing assistance.
The Federal Bonding Program, coordinated through JSND, provides free fidelity bonding to employers who hire returning citizens.
Frequently asked questions
Can employers in North Dakota ask about my criminal record?
Public employers cannot ask about criminal history until a candidate has been selected for an interview under HB 1282 (2019). Private employers face no statewide timing restriction and can ask on the initial application. EEOC guidance applies to all employers and recommends assessing criminal convictions in relation to the specific job, not applying blanket exclusions. Federal FCRA protections require consent and adverse action notice for any third-party background check, and non-conviction records older than seven years cannot appear on background check reports for most positions. Records that have been sealed cannot be disclosed in most civil contexts.
Does North Dakota have ban the box for private employers?
No. HB 1282 (2019) covers public employers only. Private employers in North Dakota can ask about criminal history on the initial application with no statewide restriction. Your answer in the interview and a successful record sealing are the two most impactful tools you have with private employers. Legal Services of North Dakota (lsnd.org) provides free record sealing assistance to eligible low-income North Dakotans.
What jobs can I not get with a felony in North Dakota?
Specific licensed fields including healthcare with direct patient care, childcare, education, law enforcement, and some financial services have statutory background check requirements. Research the specific licensing board before investing in training. For most private sector energy, agriculture, healthcare support, and construction employment, the decision rests with the individual employer. Record sealing under N.D. Cent. Code § 12-60.1-02 can remove barriers for qualifying felony convictions five years after the conviction date.
How do I explain my record in a job interview?
Do not pause. Come in with the answer ready: everybody deserves a second chance, somebody is going to give me one, and they are going to get the best employee they ever had because you are never going back. Private employers in ND have no timing restriction, so your answer may be needed at any point. Connect your DOCR Career Readiness class completion, vocational training, or any work done inside directly to what this employer needs. Then close by mentioning that your hire qualifies for the Work Opportunity Tax Credit. End strong. And check your record sealing eligibility -- misdemeanors after 3 years and felonies after 5 years, sealed records cannot be disclosed.
What is the Work Opportunity Tax Credit?
The Work Opportunity Tax Credit, or WOTC, is a federal tax credit available to employers who hire workers from qualifying groups, including people recently released from prison. The credit can be significant per qualifying hire based on wages and hours worked in the first year. It is administered through the IRS and the Department of Labor. Job Service North Dakota career centers coordinate certification for employers statewide. It is a real financial incentive, and you should mention it at the end of every interview.
Do employers get a tax credit for hiring ex-felons?
Yes. Under the Work Opportunity Tax Credit, employers who hire qualifying returning citizens may receive a meaningful federal tax credit. Bring this up at the end of your interview as a closing argument. Your hire comes with a tax benefit the other applicants cannot offer. Ask your JSND career center counselor for documentation you can share with a prospective employer so they can apply for the credit.
What ND programs help people with records find work?
Job Service North Dakota (JSND) career centers statewide provide job search help, employment placement, WOTC coordination, and Federal Bonding access. DOCR Career Readiness class provides in-facility workforce preparation and a referral pathway to JP3. Job Placement Pilot Program (JP3, launched July 2023) provides post-release employment assessments, goal planning, and barrier removal, with 75-80 percent employment rates for participants. WIOA-funded training programs provide access to in-demand job training. Legal Services of North Dakota (lsnd.org) provides free record sealing assistance.
Can I get my record sealed in North Dakota?
North Dakota allows petition-based record sealing under N.D. Cent. Code § 12-60.1-02. Misdemeanor convictions: 3 years from the date of conviction. Felony convictions: 5 years from the date of conviction. Conditions: sentence completed, all restitution paid, no new conviction during the waiting period. A 2021 reform (HB 1196) made the clock start from the date of the guilty plea or finding, not the date of release. A 2025 law (HB 1166) added pardoned convictions to eligible records. Not eligible: violent/intimidation felonies within the 10-year firearm restriction period, sex offense convictions requiring registration. Once sealed, the record is removed from public view and you may respond to inquiries as though the arrest did not occur. Legal Services of North Dakota (lsnd.org) provides free sealing assistance.
What companies in North Dakota hire people with felonies?
Amazon, Walmart, Home Depot, and major food service operators have ND operations and fair chance commitments. Sanford Health, Essentia Health, and CHI St. Alexius hire in healthcare support. Energy companies operating in the Bakken formation in Williston and Dickinson hire in production, transportation, and support. Agricultural processors across the Red River Valley and central ND hire year-round. Construction contractors statewide face consistent labor shortages. JSND career centers can connect you with second-chance employers. Staffing agencies in Fargo and Bismarck are the most accessible first step. For the full national list, see the InmateAid Fair Chance Employer Reference List.
How do I get hired if I have a long gap in my work history?
Name what you did inside and present it as work with context. DOCR Career Readiness class completion, vocational training, and any work assignments inside are all content. JP3 provides post-release employment support specifically designed to place returning citizens in North Dakota jobs. JSND career centers provide employment placement and training referrals. Non-conviction records older than seven years do not appear on background check reports. Check record sealing eligibility -- misdemeanors after 3 years and felonies after 5 years from conviction. Legal Services of North Dakota provides free sealing help. Staffing agencies are the fastest path back into regular employment. Build ninety days of solid performance anywhere and that recent record becomes what employers see instead of the gap. ---