North Dakota Public Records Law

The North Dakota Open Records Statute is a set of laws stipulating any member of the public has the right to access and use government public records for agencies in the state. Public records include any and every type of recorded information, no matter what form the data is kept. Such records must be held within a public office or by its official and must have been attained and made ready for use by a public business. It's legal for anyone to request access to public records and there's no requirement to explain why.

Birth Records
Court Records
Criminal Records
Death Records
Divorce Records
Inmate Records
Marriage Records
Traffic Violation Records

Where Do I Submit a Public Record Request in North Dakota?

Requests for North Dakota public records do not need to be in writing and can be made over the phone, via email, by mail, or in person. These records are kept by the relevant departments.

How Do I Request Public Records in North Dakota?

Public record requests can be made via several channels, including phone, email, or in person. Public records for North Dakota can be obtained by taking the following actions:

  • Finding the record custodian who is in charge of maintaining the desired public record.
  • Make sure you are legally permitted to view the record.
  • Deciding how you want to make your request, either online, by mail, over the phone, or in person.
  • Including the full name of the record subject, your name, phone number, and the document's serial identification number (if possible) in your record request.
  • Paying the associated fees.

Several third-party websites make it easy to get North Dakota public records by providing online access to these. Nevertheless, these websites might not always have the most recent or accurate records.

What Records are Public in North Dakota?

There are several kinds of North Dakota public records, including:

  • Property Records: includes mortgages, plats, liens, deeds, property survey information, covenants, and assessed real estate value.
  • Law Enforcement Records: includes criminal records, arrest records, sex offender information, and inmate records
  • Vital Records: includes birth, death, marriage, and divorce records.
  • Court Records: includes details of cases, parties involved, motions filed, evidence presented, and final rulings and judgments

Who Can Request Public Records in North Dakota?

Per the North Dakota Open Records Statute, any person is within their rights to obtain or utilize copies of entities on the public record, no matter where they live individually. The term "person" includes individuals, corporations, societies, associations, and partnerships. Requesters do not have to provide a statement of purpose. North Dakota is one of the US states that does not require residents to be those requesting public records.

What Is the Response Time for Public Records Requests in North Dakota?

North Dakota does not have specific response times. Nonetheless, the Office of the Attorney General in North Dakota mandates that public agencies reply to a request for records within a reasonable amount of time, either by supplying the record or outlining the legal justification for rejecting all or a portion of the request. "Reasonable time" is determined by the kind of records requested and the extent of search that needs to be carried out to retrieve said records.

What Is the Fee Charged for Providing Copies of Public Records?

In North Dakota, public agencies can only charge applicants fees that do not exceed the cost of copying public information. North Dakota Century Code 44-04 stipulates that public agencies can charge individuals as much as $0.25 for each paper copy impression. It's important to note that the standard charge only stands for pages that are 8.5" by 14" or less. For records that are not in paper copy, the agency can charge fees within reason that factor in labor, material, and equipment.

Public agencies are allowed to request payment before redacting, making, locating, or mailing the copy and have the power to impose a fee of not more than $25 for each hour after the first hour, to find any records, paper or electronic if more than a single hour is required.

What Records Are Exempted Under the North Dakota Public Law?

North Dakota law exempts certain types of records from disclosure. These include:

  • Data is meant for criminal investigations or active data about criminal intelligence. Any police officer training information and data that could have an impact on the safety of the officers
  • Communications between a legislator and a public employee or official
  • Financial account numbers
  • Sex or homicide scene images, or photographs of victims of other crimes
  • Law enforcement records
  • Personal financial information of public employees
  • Personal information of public employees including their home addresses, phone numbers, and IDs,
  • Title IX complaint and investigation records