1. If a court enters an order of nonconviction on or after August 1, 2025, the court shall close the court record upon the expiration of sixty-one days.

2. The defendant may file a petition to the court to have the court record closed if the court entered an order of nonconviction for a case disposed of before August 1, 2025. If the defendant meets the requirements of this section, the court shall enter an order closing the court record within ten days of the petition being filed.

3. This section does not apply if: a. The dismissal was the result of a plea agreement involving a conviction on another offense; b. The case was dismissed due to a finding the individual was not fit to proceed under chapter 12.1-04; c. The case resulted in a verdict of not guilty due to a lack of criminal responsibility under chapter 12.1-04.1; or d. The case was appealed.

4. A filing fee may not be charged for a petition filed under this section.