Burleigh County Arrest Records

In Burleigh County, arrest records refer to all documents received or generated in relation to an arrest event. Such records may include information on the arrestee, the arresting agency, and the circumstances around the arrest.

Arrests are legal procedures for restraining a person’s right of movement. Law enforcement officers have the legal right to conduct arrests based on evidence that an individual violated state or federal statutes. There are also instances when arrests are conducted to prevent potential crimes from occurring. In Burleigh County, arrested persons are temporarily detained at the county detention center pending the outcome of the investigation.

Local law enforcement agencies are primarily responsible for generating Burleigh County arrest records. The agency also stores the records as incident or arrest reports. Citizens may access the records by requesting them from the agency documenting the arrest.

Arrest records are also available in other public documents. For example, Burleigh County court records include arrest information, such as warrants and the arrestee’s personal information.

Are Arrest Records Public in Burleigh County?

Yes, most arrest records in Burleigh County are accessible to the public. Under North Dakota Open Records Statutes, the general public may legally inspect and get copies of public entities’ records. The state law also authorizes law enforcement agencies to release records upon requests from interested parties. Note that these entities may set different requirements that requesters must fulfill to obtain records.

North Dakota state laws restrict access to certain arrest information. In most cases, the restricted records contain information whose disclosure is judged to not be in the public interest. Examples of restricted arrest records include the following:

• Information about witnesses in a criminal investigation
• Data about criminal investigative and intelligence information.
• Personal information, such as social security numbers and medical records that were received in relation to an arrest event.
• Description of crime scenes that involve minors.

What Do Public Arrest Records Contain?

Under the North Dakota Century Code 44-04-18.7, public arrest records in Burleigh County include the following details:

• Arrestee’s description, including names, aliases, birth date, race, sex, address, and physical features.
• Cause of arrest.
• The arresting officer’s name.
• Arrestee’s photograph.

Burleigh County Arrest Statistics

According to the North Dakota crime statistics report, the Burleigh County sheriff’s office conducted 239 arrests for violent and drug-related crimes. However, there were no arrest reports for crimes against property. As of September 2024, there was no data on arrestees detained at the Burleigh/Morton Detention Center.

Find Burleigh County Arrest Records

Burleigh County arrest records are obtainable through inmate records. The records contain arrest information like the arrestee’s personal information, arrest charges, the arresting agency’s name, and booking information.

To obtain inmate records, interested parties must utilize resources provided by local, state, or federal record custodians. At the local level, the Burleigh County detention center hosts a searchable platform for arrestees detained at the center. Inquirers must provide the inmate’s first and last name so they may view records on the portal.

In contrast, the North Dakota Department of Corrections and Rehabilitation’s inmate search portal offers statewide access to inmate records. Users must input the inmate’s first or last name to view records on the portal.

The Federal Bureau of Prisons’s inmate locator is an alternative option for finding Burleigh County arrest records. The platform features information on inmates incarcerated in federal correctional institutions. To view records on the platform, users may opt to search by inputting the inmate’s name or prison-identifying number.

Free Arrest Record Search in Burleigh County

Interested parties may conduct free searches for Burleigh County arrest records online or offline. To access the records online, inquirers must conduct searches via the following government-owned sites:

• The Burleigh County Detention Center’s inmate search platform
• The North Dakota Department of Corrections and Rehabilitation’s resident lookup
• The Federal Bureau of Prisons’ inmate locator.

The Burleigh County sheriff’s office may allow free viewing of arrest records. Interested parties may view the records by requesting in person or via mail to tnichols@burleighsd.com. For an in-person request, inquirers must visit the county sheriff’s office at:

Burleigh County Sheriff's Department

514 East Thayer Avenue
Bismarck, ND 58501
Phone: (701) 222-6651

Third-party search sites may offer an alternative means of getting free Burleigh County arrest records. Such sites typically have user-friendly interfaces that enable users to conveniently obtain arrest records. Nevertheless, third-party sites are unregulated and, as such, may not provide accurate arrest information.

Burleigh County Arrest Records Vs. Criminal Records

In Burleigh County, arrest records are quite distinct from criminal records in the following ways:

They provide different information

Arrest records mostly contain arrest-related data, such as the arrestee’s personal details, charges, arrest location and date, and the arresting agency’s information. In contrast, criminal records contain not only arrest information but also court case files and incarceration data.

They have different custodian agencies.

Custodian agencies are government entities that are responsible for keeping public records. Local law enforcement agencies are the primary custodians of arrest records. The agencies are also responsible for generating the records. On the other hand, the North Dakota Attorney General’s Office is the custodian of criminal history records. The agency creates criminal records by collating data from law enforcement bodies, courts, and incarceration facilities.

The records have different social implications.

Arrest records do not indicate if the arrestee is guilty of an arrest charge. However, criminal records reveal that an individual was convicted of a crime. The records may lead to negative social implications, such as ostracization from the community or employment discrimination.

How Long Do Arrests Stay on Your Record?

In Burleigh County, dismissed or non-conviction arrest records will remain on record for three years after the arrest event. However, arrests that led to conviction will stay on record until they are sealed or expunged. There are legal procedures for expunging or sealing arrest records in the county.

Expunge Burleigh County Arrest Records

Expungement is a legal procedure for destroying a publicly accessible record. North Dakota automatically expunges dismissed or non-conviction arrest records that are more than three years old. To expunge conviction records, petitioners must file a petition with a court of competent jurisdiction. The court will review the petition and make a decision after considering factors such as the legal requirements and good moral conduct.

Who is eligible to expunge arrest records in Burleigh County?

Under N.D.C.C. Chapter 12-60.1, you are eligible to expunge arrest records if:

• There are no new charges after three years of being convicted of a misdemeanor.
• There are no new charges after five years of being convicted of a felony

How to expunge Burleigh County arrest records?

Petitioners may expunge arrest records by following these instructions:

1. Create a petition that includes these details:
   1. The petitioner’s name and other known aliases
   2. List of addresses used from the offense date until the date of filing the petition
   3. Reasons why the court must grant the petition
   4. A criminal history record. Petitioners may obtain the record from the North Dakota Attorney General’s Office.
2. File the petition with the Burleigh County State’s Attorney at this address:
   514 East Thayer Avenue
   Bismarck, ND 58501
   Phone: (701) 222-6672
3. Next, file the petition with the county court that oversaw the criminal court case.

Upon receiving the petition, the court will schedule a hearing date and review factors listed under 12-60.1-04. The court will issue an expungement order after approving the petition.

Burleigh County Arrest Warrants

In Burleigh County, arrest warrants are court orders that authorize the arrests of suspected offenders. Court magistrates will generally issue arrest warrants after receiving a complaint or affidavit from an arresting officer. The complaint must provide substantial evidence that the offender committed the crime.

Per North Dakota Rules of Criminal Procedure, an arrest warrant must contain the following:

• The defendant’s name, aliases, or physical features.
• Offenses charged against the defendant;
• A statement that the defendant must be arrested and brought before the available magistrate.
• The court officials’ signature
• The arrest warrant issuance date and location.

Do Burleigh County Arrest Warrants Expire?

In Burleigh County, arrest warrants do not expire until the defendant is arrested or the court nullifies them. Interested persons may find active warrants at the county sheriff’s warrant section. The warrant section maintains arrest warrants and apprehends suspects who have an active arrest warrant. Note that the statute of limitation does not affect the lifespan of an arrest warrant.