North Dakota Criminal Records

A North Dakota criminal record is an official document showing the records of an individual's interactions with the state's criminal justice system. These records generally include information such as arrests, pending charges, warrants, court proceedings, convictions, sentencing details, and periods of incarceration or probation.

According to recent data, North Dakota maintains a relatively low violent crime rate compared to national averages. North Dakota has an overall crime rate of approximately 2,208 offenses per 100,000 people. This includes both violent crimes and property crimes, with the state's violent crime rate estimated at 267 offenses per 100,000 people (28.6% lower than the national average), and a property crime rate of 1,941 offenses per 100,000 people (slightly higher than the national average by 1.3%).

Criminal records in North Dakota are created and maintained by various law enforcement and judicial agencies, including local police departments, county sheriff's offices, district courts, and correctional facilities. However, the North Dakota Bureau of Criminal Investigation (BCI), under the Office of the Attorney General, serves as the state's central repository for criminal history information.

Are Criminal Records Public in North Dakota?

Criminal records are generally public in North Dakota under the state's Open Records Law. The North Dakota Open Records Law ensures that most government records, including court documents, are accessible to the public unless specifically exempted. However, there are specific procedures and limitations in place to protect sensitive information.

The North Dakota Bureau of Criminal Investigation (BCI) maintains the state's central repository for criminal history information. Complete criminal history records, including arrests and prosecution information collated by all local law enforcement agencies, state attorneys, courts, and probation and parole officers, are contained in these records. Hence, individuals may request their own criminal history records or authorize others to obtain their criminal records.

How To Look Up Criminal Records in North Dakota?

Comprehensive criminal history records in North Dakota may be obtained from the state Bureau of Criminal Investigation. However, case information related to these records may be accessed via the North Dakota Courts Records Inquiry website. To use this website to access basic case information, you must provide the defendant's name, case number, or case citation number. Via the website, you may view criminal case summaries, filings, and dispositions.

To request a criminal history check from the BCI via a name-based or fingerprint-based check. Note that a name-based search may not identify records if the individual was arrested under a different name than the one provided on the request form. In contrast, a fingerprint-based search can identify arrest records even when the person used an alias or an unknown identity. When requesting a fingerprint-based search, the submission of fingerprints is required. To obtain a set of fingerprints, you should contact your local law enforcement agency, as they typically offer fingerprinting services for this purpose.

To request a criminal history record from the North Dakota BCI, submit a completed Request for Criminal History Record Information form along with the required fee ($15) to the BCI by mail via the address on the form. Acceptable payment options include a check or money order made out to "ND Attorney General."

In North Dakota, the processing time for a criminal history record check is approximately 7 to 10 business days from the date of receipt. Individuals who want expedited processing must include a pre-paid, self-addressed envelope designated for overnight or priority mail delivery, and payment must be made by certified cashier's check or money order.

How To Search North Dakota Arrest Records?

Arrest records are created when an individual is taken into custody by the arresting agency. The arresting agency may be a municipal or state law enforcement agency. Arrest records include details such as:

• Personal Information: Name, date of birth, gender, and physical description.
• Arrest Details: Date, time, and location of the arrest.
• Charges Filed: Specific offenses the individual is accused of.
• Booking Information: Mugshot, fingerprints, and assigned case number.
• Law Enforcement Agency: The department responsible for the arrest.
• Court Case Information: Case status, hearing dates, and legal proceedings.
• Bail or Bond Details: Whether bail was set and the amount required for release.
• Disposition: Final outcome of the case, such as conviction, dismissal, or acquittal.

You may search arrest records in North Dakota by contacting the agency responsible for the arrest. The agency may be a city police department or a county sheriff's office. Some agencies may offer online request forms, while others may require requests via mail, email, fax, phone, or in-person services for individuals requesting arrest records. For arrests that have led to court proceedings, the North Dakota Courts Records Inquiry system provides public access to case information. By providing the arrestee's name, case number, or citation number, you may access some arrest information via the court record inquiry system.

How To Search North Dakota Warrants?

A warrant is a legally enforceable order issued by an authorized magistrate or judge permitting law enforcement to take specific action, such as making an arrest, conducting a search, or mandating the appearance of an individual in court. Warrants in North Dakota are typically issued by district court judges, municipal court judges, and authorized magistrates. Examples of warrants include the following:

• Arrest Warrant: This warrant is issued when there are sufficient reasons to believe an individual has committed a crime. It authorizes law enforcement to take an individual into custody.
• Bench Warrant: A bench warrant is issued by a judge when someone fails to obey a court order, most often for missing a scheduled court appearance.
• Search Warrant: This warrant authorizes law enforcement to perform the search of a particular location for evidence related to a criminal investigation.
• Extradition Warrant (Governor's Warrant): Issued to detain and transfer a person wanted for criminal charges in another state. This warrant allows for the lawful arrest and extradition of fugitives under the Uniform Criminal Extradition Act.

To obtain warrant information in North Dakota, you may search the North Dakota Courts Records Inquiry, where active warrants may be indicated in case summaries. You may also contact the county sheriff's office or local police department, as they also maintain records of active warrants. In addition, you may visit the court where the warrant was issued to submit a request for warrant information issued by the court.

Can I Obtain a North Dakota Criminal History Record of Another Person?

You may obtain the criminal history record of another person in North Dakota by submitting a completed Request for Criminal History Record to the Bureau of Criminal Investigation (BCI). However, you will need the following for the request to be successful:

• The subject's full name, including any maiden names or known aliases
• Date of birth
• Social Security number or fingerprints
• The subject's current address or a signed authorization form

Note that if a signed authorization is not included, the BCI will mail a notice to the subject indicating that their criminal history record has been released under the provisions of NDCC 12-60-16.8. Note that a fee of $15 made out to "ND Attorney General" is required. The BCI typically processes requests within 7 to 10 business days. For expedited processing, include a pre-paid, self-addressed overnight or priority mail envelope and payment in the form of a certified cashier's check or money order.

How To Expunge or Seal North Dakota Criminal Records

Expungement is only available in limited circumstances in North Dakota. The state provides "sealing" as the common form of record relief for persons looking to limit access to their criminal records. When a criminal record is sealed, it is hidden from public view and only accessible to certain government agencies and persons under limited conditions. The authority to seal criminal records in North Dakota is established under North Dakota Century Code (N.D.C.C.) Chapter 12-60.1.

To be eligible for record sealing in North Dakota, the following conditions must be met:

• Misdemeanor Convictions: The individual must have been found guilty or pled guilty to a misdemeanor offense and have not been convicted of a new crime for at least three years prior to filing the petition.
• Felony Convictions: The individual must have been found guilty or pleaded guilty to a felony offense and have not been convicted of a new crime for at least five years before filing the petition.
• Completion of Sentence: All terms of imprisonment, probation, and parole must be completed, and any court-ordered restitution must be paid in full.
• Demonstrated Rehabilitation: The petitioner must provide evidence of rehabilitation and that sealing the record serves the interests of justice.

Upon verifying that you are eligible to seal your criminal records, you may take the following steps:

• Prepare the Petition: Obtain the relevant forms from the office of the clerk or draft the petition, including information such as:
• Full legal name and any aliases
• Residential addresses from the date of the offense to the present
• Reasons supporting the request for sealing
• Comprehensive criminal history, including prior and pending charges in all jurisdictions.
• Any prior requests for pardon, expungement, or sealing, and their outcomes.
• File the Petition: Submit the petition in the relevant court.
• Serve the Prosecutor: Provide a copy of the petition to the prosecuting attorney as required by the North Dakota Rules of Criminal Procedure.
• Court Hearing: A hearing will be scheduled no earlier than 45 days after filing to allow the prosecutor to gather input from relevant parties.
• Court Decision: The court will grant the petition if it finds that you have shown good cause, the benefits of sealing outweigh the public interest in access to the record, and all legal requirements have been satisfied.

What Are the Limitations to the Use of Criminal Records for Employment, Licensing, and Housing in North Dakota?

The use of criminal records in employment, occupational licensing, and housing decisions in North Dakota is restricted by a combination of federal and state laws, ensuring that undue discrimination is prevented.

Employers in North Dakota are permitted to consider an applicant's criminal history during the hiring process. Under guidance from the Equal Employment Opportunity Commission (EEOC), employers are expected to conduct individualized assessments, considering the nature and severity of the offense, the time that has passed since the conviction, and its relevance to the job in question. Similarly, licensing authorities are required to assess factors such as the nature of the crime, its impact on public safety, the applicant's rehabilitation efforts, and the time elapsed since the offense before deciding whether to disqualify applicants based on their criminal histories.

Although landlords in North Dakota may conduct criminal background checks on prospective tenants, the U.S. Department of Housing and Urban Development (HUD) advises that they do not implement blanket bans on applicants with criminal records. Instead, they should consider the nature and severity of the offense and whether it poses a legitimate threat to the safety of other residents or property.

Can I Access North Dakota Criminal Records for Free Online?

You may obtain North Dakota criminal records online for free via official government sources or third-party websites. For official sources, you may use the North Dakota Court Records Inquiry portal to access basic criminal records for free. Note that complete criminal records are only available via in-person or mail requests to the BCI. Such requests cost a fee. If you prefer to use a third-party website to obtain North Dakota criminal records online for free, consider using a reputable platform such as NorthDakotaPublicRecords.us.