North Dakota Criminal Records

North Dakota criminal records, also known as "rap sheets," are documents that contain information on the criminal history of individuals within the state.

The state's primary database for criminal history information is kept up to date by the Bureau of Criminal Investigation (BCI). The Bureau gathers information on individual offender arrests and prosecutions for use by the public, courts, and law enforcement. It receives criminal history data from state attorneys, courts, parole and probation offices, and local law enforcement agencies.

In North Dakota, criminal records carry significant ramifications beyond just summarizing an individual's criminal history. The criminal justice system can use the records to sentence offenders, investigate past criminal activity, and capture fugitives. Criminal histories can be considered when screening candidates for jobs, housing, and licenses and promote greater accountability and openness in the legal system. For instance, state law mandates a regulatory or licensing record check for anyone applying for a permit from a state agency, board, or commission for admission to a certain kind of academic program leading to professional licensing and for specific state and local entities that have the authority under N.D.C.C. § 12-60-24(2).

Are Criminal Records Public in North Dakota?

Yes. In North Dakota, criminal records are considered public per the North Dakota Century Code, N.D.C.C. 44-04-(14) to N.D.D.C.C. 44-04-(33). The North Dakota Office of the Attorney General's Open Records Manual states that everyone is entitled to access to criminal records except otherwise specified by statute or court order.

Once legal proceedings are concluded, criminal records in North Dakota are made public. However, certain records may be exempt, meaning that some may be kept entirely private or have access to them restricted. Juvenile court records, for example, are confidential but made public if they are related to a petition that has been heard in public and contains allegations of behavior that could result in the child being sent to the district court for criminal prosecution. Access to other records may be limited to those who are the subjects of the records, their attorneys, or per court order.

Law enforcement, the judicial system, and the general public can access arrest and prosecution records of specific offenders through the state's central repository for criminal history information maintained by the Bureau of Criminal Investigation (BCI). To the BCI, various entities such as state lawyers, courts, parole and probation, and local law enforcement agencies provide their criminal histories.

North Dakota Crime Records by County

All statistical datasets and reports maintained by regional or state governments to track, evaluate, and quantify criminal activity, including incidents, rates, and demographics, are called crime records.

The state's Uniform Crime Reporting (U.C.R.) program in North Dakota is overseen by the Bureau of Criminal Investigation (BCI), and it oversees the compilation and examination of crime data submitted by local law enforcement organizations. The public can access annual crime statistics, for example, from 2010 to the most recent calendar year. This data can be used to create reports that show statistical patterns for a particular infraction, jurisdiction, or other information. Users can also search online for crime statistics and data on offenses like violent crimes, drug/D.U.I. offenses, and property crimes, according to various law enforcement agencies in counties and cities throughout the state, using this single repository, which also happens to be a state government portal.

Even though all law enforcement agencies in the state's counties must submit crime statistics to the Bureau of Criminal Investigation, some also make crime reports available on their official website. For example, the City of Fargo Police Department posts an overview of crime statistics on its website. It gives copies of monthly crime statistics in addition to submitting crime data to the National Incident-Based Reporting System (N.I.B.R.S.).

North Dakota Criminal Record Check

In North Dakota, a criminal history or background check can be done at the county or state level. According to state law, a criminal background check—which may be performed using a fingerprint or name—must be completed by the applicant before they can be hired or granted a license. The requester must obtain and complete the record request form (SFN 50744) to perform a statewide criminal history record check. The following information is necessary to process the record request:

• The subject's complete name, including any known aliases, past names, and maiden names;
• Include the subject's fingerprint, social security number, or date of birth;
• The current address of the subject or a signed authorization form;

Original copies of the form must be filled out and mailed to the BCI with a $15 fee (unless a waiver is applicable), payable by check or money order (no cash accepted) to the North Dakota Attorney General. Unless an expedited response is paid for, processing may take 5 to 7 days.

Find Criminal Records Online in North Dakota

Even though they are public records, criminal records in North Dakota are not easily accessible online or to the general public. Access to this information is often restricted to those who meet specific eligibility requirements. The Bureau of Criminal Investigation maintains a repository for these records, and those who are interested and qualified may only receive these records by completing a request form on the agency's official website. Alternatively, requests can be made to the state's county local law enforcement agencies and county clerk's offices.

Free Criminal Record Search in North Dakota

Numerous third-party websites provide public access to North Dakota criminal records. Using parameters like first and last names, interested parties may conduct searches on their site.

Be aware that many websites only offer basic record information for free; a fee applies to obtain a complete report, particularly if copies are required. Since these are not the official sources for this data, it is also crucial to remember that the legitimacy of these records may not be guaranteed. As such, users must consider verifying the information retrieved from third-party sites.

What Does it Mean if You Have a Criminal Record in North Dakota?

Just like in any other state, having a criminal record in North Dakota can have serious ramifications. Depending on the type and gravity of the offense, there are a variety of common consequences. Some examples are as follows:

• Difficulty finding a job.
• It might have an impact on someone's capacity to find homes.
• Obtaining professional licenses is difficult.
• Affected parties may lose their right to possess firearms, depending on the crime they committed.
• Voting rights are immediately reinstated after a person serves their time in prison or on parole for felonies in North Dakota. However, during incarceration and parole, voting rights are suspended.

Does Your Criminal Record Clear After 7 Years in North Dakota?

No, in North Dakota, a person's criminal record is retained even after 7 years. Criminal history records and court records are kept in two different systems and are different records. The District Courts are in charge of maintaining court records. Records of criminal history are kept up to date by the Bureau of Criminal Investigation. Therefore, information about a person's criminal past remains on their record even after their court record is sealed or expunged.

Arrest Record Vs Criminal Record

It's common to interchange "criminal record" with "arrest record." But there's a significant difference between the two. The offenses for which a person has been arrested are listed in their arrest record. Usually, the record does not contain official charges against an individual, nor does it reflect the outcome of an arrest (i.e., whether the offender was prosecuted or punished for the charges). On the other hand, a criminal record is a more thorough account of an individual's criminal past. It has information about arrests, incarcerations, charges, and convictions.

While the Bureau of Criminal Investigation keeps track of criminal records, state and municipal police departments typically keep track of arrest records in North Dakota.

North Dakota Police Records

The North Dakota Open Records legislation governs access to police records in the state. With some restrictions on sensitive data, this law gives the public access to various government records, including police records. These police records usually consist of documents pertaining to law enforcement actions, such as transcripts from 911 calls, incident reports, arrest logs, and other paperwork produced during police investigations. However, some information might be censored or withheld to safeguard investigations, individual privacy, or other legal concerns.

It is significant to remember that criminal records are not the same as police records. Criminal records include details on an individual's criminal history, including arrests, convictions, and court processes, are distinct from police records, which record specific occurrences and law enforcement actions.

In North Dakota, inquirers may send public records requests to the appropriate law enforcement department to receive police records. It's best to inquire with the department or agency in question, as their policies and procedures could differ.