North Dakota Arrest Records

North Dakota arrest records are official reports on the apprehension and detention of an individual for an alleged crime within the state's boundaries. In North Dakota, law enforcement agencies such as municipal police departments and county sheriff's offices generally create and maintain arrest records as official documentation after arrests.

An arrest record is one of the first documents created in a criminal justice process, usually marking the beginning of the entire process. Furthermore, an arrest record provides pertinent information about an arrest that interested parties may review to learn more, including the reason for the arrest (the alleged offense), the arrestee's identity, and the location where they are being held.

In North Dakota, interested public members can access arrest records through local law enforcement agencies such as:

• Fargo Police Department
• Grand Forks Police Department
• Minot Police Department.

North Dakota Arrest Statistics

According to the North Dakota Attorney General's Office 2023 Crime Report, 29,467 arrests were reported in the state that year. Juvenile arrests accounted for 13.2% of the total arrests, and more than 69% of arrests were of male offenders. Some of the most prominent offenses individuals were arrested for included DUIs and liquor law violations, accounting for 6,554 arrests (22.2% of the state's total arrests in 2023). Compared to the previous year's statistics, as detailed in ND AGO's 2022 crime report, 28,915 arrests were reported in 2022. Thus, the state experienced a 1.9% increase in arrests in 2023.

Are Arrest Records Public in North Dakota?

Under North Dakota's Open Records Law (also known as the Sunshine Laws), law enforcement agencies are considered public entities. Because of this, the records they create and maintain, including arrest records, are presumed to be public. As a result, anyone, regardless of their location, may access and obtain copies of arrest records in North Dakota by requesting them from the relevant agencies.

However, specific provisions of North Dakota's Open Records Law exempt certain records and information from public disclosure. These include and are not limited to:

• Juvenile offender's record (NDCC 27-20.2-23)
• Social Security Numbers (NDCC 44-04-28)
• Criminal history records in certain cases (NDCC 12-60-16.6).

Furthermore, arrest records that have been sealed or expunged are also inaccessible to the general public. These sealed or expunged arrest records are only accessible under a court order or by court officials and law enforcement agencies.

Find Public Arrest Records in North Dakota

Interested persons may find public arrest records in North Dakota through local law enforcement agencies, such as Municipal Police Departments and County Sheriff's Offices. Each agency has its unique, or in some cases, similar procedures that record seekers may follow to access or request copies of public arrest records they maintain. These procedures generally consist of the following steps:

• Ascertain the agency that generates and maintains the specific record: In North Dakota, local law enforcement agencies only generate and maintain records of the arrests they make; this means that peace officers typically arrest individuals within their agency's jurisdiction. Thus, to appropriately direct a request for a public arrest record, a record seeker must first ascertain the agency responsible for the arrest
• Find out the agency's procedures and fees for requesting records: Most law enforcement agencies provide information about their procedures and fees for requesting public records they maintain on their official website. For instance, the West Fargo Police Department Records Request Page, Ward County Sheriff's Office Records Page, and Bismarck Police Department Reception and Records Page. In cases where an agency does not provide information about its request procedures and access fees for records, information seekers may contact or visit the agency to make inquiries on the matter. It is also advisable to inquire about the availability of the desired record.
• Request the record: Depending on how an agency operates, its documents may be accessible online, by mail, email, fax, phone, or in person. Where online requests are available, the agencies may provide portals through which individuals may access their records. These online portals are usually accessible through their official websites. Some examples include the Grand Forks Police Department's Public Records portal and William County Sheriff's Office web form. On the other hand, agencies that accept requests by either mail, email, or fax may provide a dedicated request form that requesters may use to facilitate their requests. An example is the Ward County Sheriff's Office's request for a report/information form. In cases where an agency does not provide a request form, record seekers may draft letters and include information identifying the specific records, such as the arrestees' names and their arrest dates. Meanwhile, agencies that accept record requests by phone typically maintain dedicated phone numbers that information seekers may call. Some examples include the West Fargo Police Department ((701) 515-5500) and the Bismarck Police Department ((701) 223-1212). Lastly, in-person requests are accepted by most agencies, and appointments may not be required. To make an in-person request, interested persons may visit an agency's physical address during business hours (usually between 7:30 and 5:00 pm)

The fee and acceptable method of payment for requesting public arrest records vary by agency. Most agencies charge per page (typically around 25¢ per page). However, agencies like the West Fargo Police Department charge $10.00 per search.

For privacy and security reasons, certain arrest records may be exempt from public disclosure. In such cases, interested persons may access these non-public arrest records by subpoenaing them from their custodian, especially when the record is needed in a court case.

A subpoena is a court order directing a party to perform a specific task. This includes attending and testifying at a hearing or trial, producing a document or tangible thing in their possession, or permitting the inspection of premises. In North Dakota, for $10, a litigant in a court case may request a subpoena from the Clerk of Court of the county where their case was filed.

How to Lookup Arrest Records Online in North Dakota

There is no centralized government online database for accessing North Dakota arrest records. In addition, most local law enforcement agencies do not offer services that allow record seekers to look up arrest records online. However, some agencies provide online services that information seekers may use to request arrest records they maintain. An example is the West Fargo Police Department's individual arrest check online form. Additionally, some agencies also provide online resources containing information about detainees in their custody or the jails they oversee. The Cass County Sheriff's Department's current inmate roster is a good example.

Beyond traditional government channels, North Dakota arrest records may be accessible online through third-party platforms. These private repositories compile public arrest records from relevant government agencies and make them accessible to interested individuals (for fees or subscriptions) using search criteria, such as names and case numbers.

What is Included in North Dakota Arrest Records?

A North Dakota arrest record typically contains the following information:

• The arrestee's full name and date of birth
• The arrestee's physical description, such as their, including:
  • Height
  • Weight
  • Race
  • Gender
  • Identifiable features (i.e, tattoos and scars)
• The arrest date
• The arrest location
• The arresting officer's details
• The alleged offense details
• Charges
• Bond amount (if applicable)
• The arrestee's mugshot and fingerprint.

How Long Do Arrests Stay on Your Record in North Dakota

North Dakota state law does not specify how long an arrest record must remain in a subject's file. Consequently, an arrest record may stay on a person's record permanently unless a court expunges or seals it.

The longevity of arrest records in North Dakota depends on the custodian agency's retention schedule. According to the state's General Records Retention Schedule, if an arrest results in a conviction, County Sheriff's Offices and Municipal Police Departments may keep the record for 10 years after the sentence expires. This also applies to juvenile arrest records. However, the North Dakota Game and Fish Department maintains arrest cards and books.

Expunge an Arrest Record in North Dakota

In North Dakota, an arrest record expungement process begins with determining if the record is eligible for expungement. This may be done by reviewing state laws or consulting with a licensed attorney. Only certain types of arrest records are expungable, including records of unconstitutional arrests where the charges were dismissed or the conviction overturned.

If an arrest record is eligible for expungement, the following steps may be taken in the expungement of the information:

• Obtain a certified copy of their criminal history record from the North Dakota Bureau of Criminal Investigation (BCI).
• Draft a record expungement petition. The petition should contain proof of the arrest record eligibility for expungement, and other relevant information
• File the petition and a copy of the criminal history record with the District Court in the jurisdiction where the arrest occurred.

After the petition, the court may schedule a hearing, and the District Court's presiding judge will review the petition to decide whether to grant the expungement or not. If the judge approves the petition, a court order expunging the arrest record will be issued and sent to relevant agencies, such as the BCI and the arresting local enforcement agency. The North Dakota Judiciary provides a helpful resource containing information about the expungement of records.

The public should note that expunging a North Dakota record does not completely delete it; rather, it just restricts public access to the record. As a result, these documents may remain accessible to certain government agencies and their personnel.

How Do I Find Recent Arrests in North Dakota?

Individuals seeking access to information about recent arrests in North Dakota should reach out to municipal police departments, county sheriff's offices, and other local law enforcement agencies. Inquirers may contact or visit these agencies' physical addresses to inquire about recent arrests, as these agencies normally do not provide online resources for accessing this information. In-person visits typically do not require a scheduled appointment and should be during regular business hours (between 8:00 a.m. and 5:00 p.m.).

Are North Dakota Arrest Records Free?

North Dakota arrest records are not completely free. Individuals seeking access to North Dakota arrest records may visit local law enforcement agencies to view physical copies of the agency's arrest records. In North Dakota, custodian agencies do not offer online access to arrest records. Hence, unlike other states, the option to review arrest records for free through traditional government online channels is not commonly available in North Dakota. Instead, record seekers may request copies of arrest records through local law enforcement agencies for a fee. Likewise, third-party repositories may request subscription or payments from users to provide access to North Dakota arrest records.