North Dakota Arrest Records

Per NDCC 12-60-16.1, North Dakota arrest records are official documents containing identifiable descriptions and notations of arrests. These records are generated by law enforcement agencies like county sheriff's offices, police departments, and the State Bureau of Criminal Investigation (BCI) when a person is apprehended in North Dakota.

Arrest records are publicly available in North Dakota. Therefore, members of the public can request them from any law enforcement agency within state limits. The information typically featured in a North Dakota arrest record is as follows:

• The arrestee's photograph;
• Arrestee description, including name, address, date of birth, sex, race, physical description, and occupation of arrestee;
• Facts concerning the arrest, including the arrest location, date and time as well as the cause of the arrest, and the arresting officer's name;
• Charges filed (if applicable).

Are Arrest Records Public in North Dakota?

Yes, according to the North Dakota Open Records Statute, all records of law enforcement officers are to be accessible for inspection and copying during reasonable office hours. Therefore, citizens can view or obtain copies of arrest records through the methods provided by record custodians. However, certain arrest records are deemed confidential in North Dakota. Some examples include juvenile arrest records, documents pertaining to active criminal intelligence and investigative information, and those whose disclosure may jeopardize public safety.

How Do I Look Up Arrest Records in North Dakota?

Record seekers can access North Dakota arrest records through county, state, and federal law enforcement agencies. The process for conducting these searches is as follows:

Local Law Enforcement Agency

Inquirers may conduct a North Dakota arrest search at county sheriff's Offices and City Police Departments. Most local agencies allow access to arrest records online, by email, or in person. For example, the Ward County Sheriff's Office has an Inmate Locator used to find arrest records. Copies of arrest records can be obtained in person at the Sheriff's Office, Monday through Friday, from 8 a.m. to 4:30 p.m. Requesters must submit a Request for Report/Information Form to process the request for a $0.25 per page fee. The office is located at:

Ward County Sheriff's Office

*204 Front Street SE, *

Minot, ND 58702

Additionally, City Police Departments provide copies of North Dakota arrest records (contained in criminal history records) online, by phone, fax, mail, or in person. For example, the City of Fargo Police Department Records Bureau provides arrest information to individuals who submit a request online or over the phone by calling (701) 235-4493 for a fee of $10. Inquirers may also submit a completed Request for a Criminal History Check form by fax, mail, or in-person to the Records Division at:

City of Fargo Police Department Records Bureau

*105 25th St N, *

Fargo, ND 58102

Fax: (701) 241-8272

Alternatively, inquirers can submit an Open Records Request to local law enforcement agencies. A specific description of the arrest record will be required to facilitate the search.

**North Dakota Bureau of Criminal Investigation (BCI) **

Inquirers may also look up arrest records by mailing a completed Request for Criminal History Record Information form to the BCI. The form should be submitted alongside a fee of $15, payable by check or money order. Eligible non-profit charitable organizations can submit an Application for a Reduction Fee to have the arrest records request fees reduced to $5. It takes between 7 and 10 business days to process and complete an arrest records request.

The Federal Bureau of Investigation (FBI)

Record holders can obtain a copy of their North Dakota arrest records through an approved third-party vendor, or by submitting a written request to the FBI's Criminal Justice Information Services Division. Online requests require electronic submission of fingerprints at any participating US Post Office location or by mailing a completed fingerprint card with the confirmation email received during the electronic request to the Division. Mail requesters must send a completed Applicant Information Form along with an FD-1164 fingerprint card to:

FBI CJIS Division – Summary Request

1000 Custer Hollow Road

Clarksburg, WV 26306

North Dakota arrest records cost $18, payable by credit card, money order, or cashier's check. Individuals who cannot afford the $18 fee can request a waiver. Those requesting arrest records through an FBI-approved channeler should be ready to pay additional fees. The processing time for online requests is 15 days after the FBI receives the requester's mailed fingerprint card. It takes about 75 days to process mail requests. Additional time will be required for mail delivery.

Free Arrest Record Search in North Dakota

Individuals can obtain arrest records for free through online portals on most county sheriff's websites. For example, the Cass County Sheriff's Office has a Current Inmate Roster where individuals can view the list of arrested persons in jail. The search criteria are the subject's name, DOB, booking date, booking number, jurisdiction, charge, status, or scheduled release date. This service is free. Alternatively, inquirers may visit law enforcement agencies and request to view their arrest information on site. However, if the requester requires physical copies of the record, they may need to pay a nominal fee to cover the cost of reproduction.

How Long Do Arrests Stay on Your Record in North Dakota?

In North Dakota, most adult arrests can remain on a person's record forever unless the record is expunged or sealed. However, there is a waiting period before a person can file a petition for expungement or sealing of arrest records.

On the other hand, juvenile delinquency arrests stay on record 10 years after the final order, or age 18, whichever is later. Juvenile unruly arrests remain on record for 1 year after age 18 or the expiration of the final order, whichever is later. These records are usually destroyed when time elapses.

How to Seal Arrest Record in North Dakota

Per NDCC 12-60.1-01, sealing an arrest record means prohibiting the disclosure of the existence or contents of such information unless authorized by court order. Only individuals who have met the following requirements can have their arrest records removed or sealed in North Dakota:

• The individual was found or pled guilty to a misdemeanor offense and has not been convicted of another crime for at least 3 years.
• The individual was found or pled guilty to a felony offense and has not been convicted of another crime for a minimum of 5 years.

Eligible record holders who want to seal their arrest records must petition the North Dakota municipal court or the North Dakota state district court. The following documents must be submitted to the court alongside the appropriate filling fees:

• Petition to Seal Criminal Records;
• Proposed Order to Seal Criminal Records;
• Proof of Service of the Petition and Proposed Order on the Respondent.

A hearing regarding the petition can only be heard after 45 days of the filing. Upon receipt of the petition, the prosecutor will notify and seek input from witnesses, law enforcement agencies, victims, and correctional authorities familiar with the case. When deciding to grant a person's petition to seal arrest records, the court considers:

• If the person poses a risk to society;
• The nature and severity of the offense;
• The person's employment history and community involvement;
• Recommendations of the victims of the offense.

If the petition is denied in a Municipal Court, the petitioner can wait 3 years to file another petition or appeal the denial to a District Court. A petition denied by the District Court cannot be appealed. Review the Sealing Criminal Records Guide provided by the North Dakota Legal Self-Help Center for more information.