North Dakota Arrest Records

North Dakota arrest records are official reports that provide information about the apprehension and detention of an individual for an alleged crime committed within state boundaries. North Dakota law enforcement agencies, such as County Sheriff’s Offices and Municipal Police Departments, generally create and maintain an arrest record after conducting an arrest to document the incident.

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 can review to learn more about the arrest, such as the reason for an arrest (the alleged offense), the arrestee’s identity, and where they are being held.

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?

Yes. Under the provisions of North Dakota’s Open Record Laws “North Dakota Century Code (NDCC) Chapter 44-04”, also known as the Sunshine Laws, all records generated and maintained by public entities are presumed to be public. Since law enforcement agencies are considered public entities, the records they generate, including arrest records, are typically public. As a result, regardless of where an individual resides or an entity is situated they can access and obtain copies of arrest records in North Dakota by querying 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 a juvenile offender's record (NDCC 27-20.2-23), social security numbers (NDCC 44-04-28), and criminal history records, in certain cases, per 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 pursuant to a court order or by court officials and law enforcement agencies.

What is Included in North Dakota Arrest Records?

The following information is usually found in a North Dakota arrest record:

• The arrestee’s full name and date of birth
• The arrestee’s physical description, such as their;
  • 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 detail,
• Charges
• Bond amount (if applicable).
• The arrestee's mugshot and fingerprint

Find Public Arrest Records in North Dakota

Interested persons can 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 and, in some cases, similar procedures record seekers can 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 desired record: In North Dakota, local law enforcement agencies only generate and maintain arrest records for arrests made by their officers. Note that peace officers typically only make arrests 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 procedures and fees for requesting records, record seekers can contact or visit the agency to make inquiries on the matter. It is also a good idea to inquire about the availability of the desired record.
• Request the record: Depending on how an agency operates, requests may be made online, by mail, email, fax, phone, or in person. Where online requests are encouraged, the agency would provide an online portal record seekers can use to make a request. These online portals are usually accessible through their official websites. Some examples include the Grandforks Police Department’s Justfoia 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 can 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 can draft a letter and include information identifying the desired record, such as the arrestee’s name and the arrest date. Meanwhile, agencies that accept record requests by phone typically maintain a dedicated phone number requesters can 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 are usually not required. To make an in-person request, interested persons can visit an agency's physical address during business hours (usually between 7:30 pm - 5:00 pm).

The fee and acceptable method of payment for requesting public arrest records varies by agency. Most agencies charge per page (typically around 25 cents per page). However, some agencies, like the West Fargo Police Department, charge per person checked for $10.

As previously mentioned, certain arrest records may be exempt from public disclosure for one reason or the other. In such cases, interested persons may access these exempt 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 a premises. In North Dakota, a litigant in a court case can request a subpoena from the Clerk of Court of the county where their case was filed. Note that the cost of a subpoena is $10.

How to Lookup Arrest Records Online in North Dakota

There is no centralized government database in North Dakota that record seekers can use to look up arrest records online. Furthermore, most local law enforcement agencies do not offer services that allow record seekers to look up arrest records they maintain online. However, some agencies provide online services that record seekers can 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 arrested individuals held within their custody in the jails they oversee. The Cass County Sheriff’s Department's current inmate roster is a good example.

Aside from traditional government channels, record seekers may also be able to look up arrest records online through certain third-party websites. These websites are run by independent service providers that compile public arrest records they retrieved from relevant government agencies into a database they maintain. They typically allow interested parties to search these databases using specific criteria, such as a subject full name, through their website for a fee or subscription.

How Long Do Arrests Stay on Your Record in North Dakota

Indefinitely. North Dakota State laws do not specify how long an arrest is meant to stay on a subject record. As a result, unless an arrest record is expunged or sealed to can remain a permanent feature on a subject’s record.

Note that, arrest records are usually maintained based on the custodian agency’s retention schedule. According to North Dakota’s General Records Retention Schedule, County Sheriff's Offices and Municipal Police Departments can maintain arrest records that led to a sentence for 10 years after the expiration of the sentence. This also applies to juvenile arrest records. Meanwhile, arrest cards and books maintained by the North Dakota Game and Fish Department are maintained permanently.

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 can be done by reviewing state laws or consulting with a licensed attorney. Currently, only certain types of arrest records are expugnable, such as records of unconstitutional arrests where the charges were dismissed or the conviction overturned.

If an individual believes their arrest record is eligible for expungement, they can follow the steps outlined below to petition for expungement of their arrest record:

• The petitioner should request and 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 petitioner’s arrest record eligibility for expungement and other relevant information.
• File the petition and a copy of their criminal history record with the District Court in the jurisdiction where the arrest occurred.

Afterward, a hearing may be scheduled, and the District Court’s presiding judge will review the petition to decide whether to grant the expungement. 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 local enforcement agency where the record originated. It is worth noting that the North Dakota Judiciary provides a helpful resource containing information about the expungement of records.

It's also important to remember that expunging a record does not completely delete it; rather, it just restricts public access to the record. As a result, certain government agencies and their personnel may still have access to the record.

How Do I Find Recent Arrests in North Dakota?

Interested persons can find information about recent arrests in North Dakota by querying local law enforcement agencies such as municipal police departments and county sheriff’s offices. Inquirers can contact or visit these agencies' physical addresses to inquire about recent arrests, as these agencies normally do not provide online resources with this information. In-person visits typically do not require a scheduled appointment and should be made during regular business hours (between 8:00 a.m. and 5:00 p.m.)

Are North Dakota Arrest Records Free?

It depends. Record seekers who live in or can travel to North Dakota may access arrest records for free by visiting local law enforcement agencies to view physical copies of the agency’s arrest records.

As previously mentioned most local North Dakota law enforcement agencies do not offer online resources containing information about 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 can request copies of arrest records through local law enforcement agencies for a fee. Similarly, record seekers can opt to request copies of public arrest records from certain third-party websites for a fee or subscription.