North Dakota Public Records

North Dakota public records are documents created or received by any government body regarding the conduct of the government or its officials. These documents are typically accessible to members of the public for inspection, copying, or reproduction.

Access to public records enhances transparency and accountability in public entities. It enables citizens to make informed decisions during elections, and researchers depend on public records to gather valuable data that can help improve the economy. Lawyers and investigators rely on public records to verify information, collect evidence, conduct financial analysis, and support judicial proceedings. Review the North Dakota Open Records Manual for more information about public records.

Are North Dakota Records Public?

Yes. According to the North Dakota Open Records Law, all records of a public office are open for inspection and copying. Only a few records are exempted from public disclosure because of their sensitivity and personal nature. Some examples of confidential records in North Dakota are:

Juvenile records
Medical records
Disease control records
Images of fire victims
Financial account numbers
Attorney work product
Law enforcement officers' work schedule
Personal information maintained by public entities
Active criminal intelligence and investigative information
Trade secrets, commercial, proprietary, and financial information
Autopsy photograph, visual image, or video/ audio recording
Personally identifiable information like name, phone number, address, fax number, or email address submitted to the North Dakota Department of Human Services.
Questions and scoring keys used to administer any licensing, academic, employment, or certification examination or test
Records whose disclosure would reveal the identity or endanger the life of an undercover law enforcement officer

North Dakota Public Records Act

The North Dakota Open Records Law is codified in N.D.C.C. § 44-04-17.1 to § 44-04-33. Per N.D.C.C. § 44-04-17.1, public records refer to any information received or prepared by a government entity about public business. Such records can be in physical or electronic form. Examples of North Dakota records open to the public are:

Court records and case information
Inmate records
Property records
Business records
Bankruptcy records
Sex offender records
Minutes of open meetings
Personnel records of public employees
Some public entity financial records like checkbooks

How Do I Find Public Records in North Dakota?

Finding a public record in North Dakota usually involves using online databases or communicating directly with the agency in charge of such records. The steps for conducting a public record search in North Dakota are as follows:

Step 1: Determine the desired record and its custodian. The requester should determine the type of record being searched and the government entity responsible for holding them. For example, court records are maintained by the North Dakota Court System, while inmate records are in the custody of the Department of Corrections and Rehabilitation.

**Step 2: Consider if the record is available and accessible. **Record custodians in North Dakota usually provide instructions for accessing public records on their websites. Most provide email addresses, fax numbers, or phone numbers that interested persons can use to inquire about any public record. In addition, inquirers will need to confirm what information will required to proceed with a search depending on whether the request will call for local or nationwide searches. In most cases, custodians will need a case number, docket or page number, details of the requester's name, birth date, location and the district where the record was originally created or filed.

**Step 3: Make a public records request. **Many agencies have online search portals where interested members of the public can conduct a North Dakota public record search. Additionally, phone, mail, fax, email, or in-person requests can be made at record custodian offices. Inquirers can also submit a formal Public Records Request Form to request these records, and the documents will be sent to them via mail or electronically.

**Step 4: Pay the necessary fees. **Requesters may need to pay specific fees to copy public records. Per 44-04-18 (2), a paper copy of public records cost $0.25. Public entities do not charge a fee for the first hour of a public records search. Search fees should not exceed $25 per hour per request, excluding the initial hour.

Find North Dakota Public Records Free

Most public entities have online databases or public access terminals where individuals can find public records at no cost. However, the user will need to provide pertinent information with which to initiate the search. Below are some free public databases provided by government entities:

The North Dakota Court provides free access to court records through its Public Search Inquiry portal.
Inquirers can use the Department of Corrections and Rehabilitation's Resident Lookup to find inmate records at no cost.
The North Dakota Secretary of State has a Search Portal where individuals can find business records without charges.
Check the Offender Search portal the North Dakota Sex Offender Registry provides to access sex offender records at no cost.

What Happens if I Am Refused a Public Records Request?

North Dakota law (N.D.C.C. § 44-04-18(7)) requires public agencies refusing to provide access to public records to state the reason for the refusal in writing. Individuals denied access to public records may file a petition with the North Dakota Attorney General within 30 days of the denial (N.D.C.C. §44-04-21.1(1)). If the Attorney General determines that the refusal violated the right to public access, a written opinion will be issued to the agency. The agency must disclose the public record to the requester within seven days. However, it is not a violation for a public entity to deny access to exempt records if the reason for the refusal is that the requested records do not exist.

How Long Does It Take to Obtain a North Dakota Public Record?

North Dakota law does not provide a specific timeframe for responding to requests for public records. It only permits public bodies to respond to public records requests within a reasonable time. The appropriate time, however, depends on factors like the type and scope of the desired records. However, some agencies provide access to public records through their online portals in a matter of seconds.