Cass County Arrest Records

Per N.D.C.C. 29-06-02, a peace officer can arrest someone with or without a warrant. An officer can make an arrest without a warrant under the following circumstances (N.D.C.C. 29-06-15):

• The person committed or attempted a public offense in the officer's presence
• The arrested person committed a felony not in the officer's presence.
• When a felony has been committed, and the peace officer has reasonable cause to believe the arrested person is responsible for the crime.
• The arrested person is on a charge of the commission of a felony
• The person has committed a public offense that is not classified as felonies and not committed in the officer's presence.
• The person is arrested on a charge of driving a vehicle while under the influence of alcoholic beverages.
• When a person commits an offense of violating a protection order, an order prohibiting contact, or an assault involving domestic violence.
• The person is arrested on a charge of being under the influence of volatile chemical vapors, which must be made upon reasonable cause.

Following the arrest, the suspect is first taken to the police station in the city where the arrest occurred. There, they undergo booking, processing, fingerprinting, and photographing. If the offense is eligible for bail, the suspect will appear before a judge for a bail hearing, where the amount is determined. During this hearing, the arraignment may occur, with the prosecution outlining the reasons for the arrest and the charges filed. The judge will set the bail amount after considering the prosecution's case and other relevant factors, such as the suspect's criminal history. If the offense is severe, the suspect may be held without bail. Those who remain in custody after arraignment are placed under the Sheriff's Department and housed at the Cass County Jail.

All the information collected from the suspect during the booking process and those gathered during the bail hearing and arraignment are compiled to create an arrest record. These records are usually available to the public after free hours or days. Record seekers may find arrest records by querying law enforcement agencies in the jurisdiction where the arrest occurred. However, all accompanying case information of the arrested person is likely to be maintained within a Cass County court record.

Are Arrest Records Public in Cass County?

Yes. The North Dakota Open Records Statute permits public disclosure of arrest records. Therefore, most arrest records of a law enforcement agency in Cass Count are open and accessible for inspection during reasonable office hours. However, the North Dakota law deems some arrest records confidential. Those records include:

• Juvenile arrest records, including the image of a minor victim of any crime.
• Arrestee's medical record or information
• Active criminal intelligence and investigative information
• Arrestee photograph; if its release will adversely affect a criminal investigation
• Crime scene images of a victim of a sex crime or homicide
• A computerized index generated by a criminal justice agency of names included in active or inactive criminal files
• An image taken by a medical examiner, a coroner, or a coroner or medical examiner personnel using a digital camera or similar device.
• Descriptions of crime scene images that include a minor, a minor victim, or parts of a record containing such descriptions are confidential.
• Arrest records that reveal an undercover law enforcement officer's identity or endanger their life or physical well-being.
• Identifying information such as address or telephone number contained in a criminal justice agency or correctional facility records whose release could be used to identify an alleged victim of domestic violence, sexual performances by a child, a sex offense, or human trafficking.

What Do Public Arrest Records Contain?

Most arrest records maintained by Cass County law enforcement agencies are public information. They can be retrieved online or at the record custodian's office. Below are some contents of public arrest records in Cass County:

• Arrestee's mugshot
• Warrant details
• Conviction and release details
• Radio log that includes a chronological listing of the calls dispatched.
• General registers, including jail booking information like booking date and number
• Arrestee description (name, date of birth, address, race, sex, physical description, and occupation)
• Information concerning the arrest with the cause of arrest and the arresting officer's name
• A chronological list of incidents reflecting the initial offense report information, which shows the date, offense, general location, time, officer, and a summary of what occurred
• A crime summary that includes an overview of crimes reported and public calls for service by classification, nature, and number

Cass County Crime Rate

The North Dakota Attorney General Bureau of Criminal Investigation's 2023 annual crime report shows that the Cass County Sheriff's Office recorded 736 crimes, all of which were Group A offenses. About 204 of these offenses were crimes against persons, 276 crimes against property, and 256 crimes against society. The three major crimes recorded that year were simple assault (120), drug/narcotic violations (119), and drug equipment violations (109).

Cass County Arrest Statistics

The Cass County Sheriff's Office arrest statistics sent to the North Dakota Attorney General Bureau of Criminal Investigation showed about 422 arrests in 2023, including about 396 adults and 26 juveniles. Approximately 110 were Group A arrests, and 312 were Group B arrests. The most frequent crimes committed by the arrestees were liquor law violations (166), D.U.I. (100), and drug/narcotic violations (46).

Find Cass County Arrest Records

Individuals can find Cass County offenders housed in state prisons at the North Dakota Department of Corrections and Rehabilitation (D.O.C.R.). The Resident Lookup tool can be used to view offenders currently incarcerated in an ND DOCR facility. Users must enter the offender's last name or the starting letters of the last name. Alternatively, interested persons can visit any ND DOCR facility to request copies of arrest records. Requesters must provide a name, date of birth, or I.D. to facilitate a search. The desired record will be released after a payment is made.

Federal law enforcement agencies provide public access to Cass County offenders' arrest records in federal prisons. They have different methods of disseminating these records, mostly online and in person. For example:

• The Federal Bureau of Prisons (B.O.P.): Requesters can find arrest records maintained by the B.O.P. online using the Inmate Locator. The search criteria are by number (B.O.P. register number, D.C.D.C. number, F.B.I. number, or I.N.S. number) or name (first, middle, or last and filter the search using race, age, and sex). Alternatively, individuals appear at any B.O.P. facility during business hours to make arrest record requests.
• The U.S. Immigration and Customs Enforcement (I.C.E.): Cass County residents can conduct arrest records searches at the I.C.E. online through the Online Detainee Locator System and in person. To find the appropriate record, online users must know the offender's A-Number or biographical information. In-person requesters must visit the I.C.E. local field offices and I.C.E. detention facilities during business hours.
• The Federal Bureau of Investigation (F.B.I.): Arrest records requests can be made online, by mail, or through approved channelers. All applications attract a fee of $18, payable by credit card using the Credit Card Payment Form, money order, or certified check. Mail applicants must submit a completed Applicant Information Form to:

FBI CJIS Division – Summary Request
1000 Custer Hollow Road
Clarksburg, WV 26306

• The United States Capitol Police (U.S.C.P.): Individuals can find arrest summary reports issued by the U.S.C.P. online or by mail. Online requesters can filter their searches by CFN number, crime date, crime type, and crime summary. Mail requesters must send a completed Request Form to:

United States Capitol Police
Reports Processing Section
119 D Street, Ne
Washington, DC 20510

Free Arrest Record Search in Cass County

Record seekers can find arrest records for free online on the Cass County Sheriff's Office website. The Sheriff's office has a Current Inmate Roster where users can view the arrest information of all offenders incarcerated in the county jail. Alternatively, requesters can use third-party portals to search for arrest records. The arrestee's name must be entered in the search field to find the appropriate record. Access to basic arrest information is free, but extensive searches attract a small fee.

Get Cass County Criminal Records

Cass County residents can conduct a criminal history record check by name or fingerprint at the North Dakota Attorney General's Bureau of Criminal Investigation (BCI). Requesters must complete a Request for Criminal History Record Information form and mail it with a $15 fee to the BCI. Payment can be made by check or money order. The BCI does not accept cash payments. Eligible non-profit charitable organizations can submit an Application for Reduction in Fee form to reduce their fees to $5.The processing time is 7 to 10 business days. The mailing address is

Criminal Records Section
North Dakota Bureau of Criminal Investigation
P.O. Box 1054
Bismarck, ND 58502-1054
Phone: (701) 328-5500

Cass County Arrest Records Vs. Criminal Records

An arrest record contains information about an arrest and detention. According to N.D.C.C. 12-60-16.1, a criminal record compiles a person's criminal history record information reported to the N.D. Bureau of Criminal Investigation. Criminal history record information is data on a person collected by criminal justice agencies, and it consists of identifying descriptions of the arrestee. It also contains notations of arrests, detentions, indictments, information, charges, and dispositions arising from sentencing, correctional supervision, and release.

How Long Do Arrests Stay on Your Record?

Typically, Cass County arrests remain on record permanently. However, arrested persons can restrict the disclosure of their records through expungement. The North Dakota Information Technology (N.D.I.T.) has a Records Retention Program database where individuals can view the retention period of arrest records maintained by the Cass County Sheriff's Office. The search criteria are by R.C.N., title, record series description, department, division, date range, or media type. Below are the retention schedules of some arrest records:

• Accident report files are kept for three (3) years after the calendar fiscal year.
• Case file photographs are retained ten (10) years after the calendar fiscal year.
• Disposition sheets are retained six (6) years after the calendar fiscal year.
• Citations are retained for six (6) years after the calendar fiscal year
• Officier's daily reports are retained three (3) years after the calendar fiscal year.
• Mugshot books are retained four (4) years after the calendar fiscal year.
• Jail logs are retained for four (4) years after the calendar fiscal year.
• Radio logs are retained for three (3) years after the calendar fiscal year.
• Incident offense records are retained for six (6) years after the calendar fiscal year.
• Civil process file of an arrested person is retained for six (6) years after the calendar fiscal year.
• Criminal case files of arrested persons are retained ten (10) years after the expiration of the sentence.
• Case files of arrested juveniles are retained ten (10) years after the expiration of the sentence.

Expunge Cass County Arrest Records

Per N.D.C.C. 12-60.1-01, expungement (or sealing) is the process of restricting the disclosure of the existence or contents of arrest information unless authorized by a court order. The eligibility criteria for arrest records expungement in Cass County are:

• The arrested person was found or pled guilty to a misdemeanor offense and has not been convicted of another crime for at least three years.
• The arrested person was found guilty or pled guilty to a felony offense and has not been convicted of another crime for at least five years.

Arrested persons who want to expunge their arrest records must petition the Cass County Clerk of District Court or Municipal Court. The petitioner must send the following documents 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

The Clerk will schedule a hearing regarding the petition after 45 days from the filing date. 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. If the court grants the petition to seal a criminal record, the court will sign an order to that effect. If the petition is denied in a Municipal Court, the petitioner can wait three (3) years to file another petition or appeal the denial to a District Court. A petition denied by the District Court cannot be appealed. Arrested persons in Cass County can review the Sealing Criminal Records Guide provided by the North Dakota Legal Self-Help Center for more information on expungement.

Cass County Arrest Warrants

Per the North Dakota Rules of Criminal Procedure Rule 4, a magistrate will issue an arrest warrant when it appears from a complaint that there is probable cause to believe that a defendant has committed a criminal offense. The arrest warrant must:

• Be in writing
• Have the magistrate's signature with the title of the magistrate's office
• State the issuance date and the issuing municipality or county
• Have the defendant's name, and if it is unknown, it should have a designated name or a detailed description of the defendant.
• Describe the offense charged against the defendant
• Command the defendant to be arrested and brought before the nearest available magistrate.

The arrest of the defendant is the execution of said warrant. It can be executed in any county of the state by any peace officer of the state. After an arrest, the executing officer must show the defendant the original or duplicate original arrest warrant upon request. If the officer does not have the warrant during the arrest, the officer must inform the defendant of its existence and the offense charged and show the defendant the warrant as soon as possible. After execution, the officer must return the warrant to the magistrate before the defendant is brought. An unexecuted arrest warrant must be returned to and canceled by the issuing magistrate at the request of the prosecuting attorney.

Cass County Arrest Warrant Search

An arrest warrant search can be conducted by phone at (701) 241-1283, email at warrants@casscountynd.gov, or in person at the Cass County Sheriff's Office. The requester must provide a name or warrant number to facilitate the search. In-person requesters must visit the office during normal business hours (Monday to Friday, 8 a.m. to 5 p.m.). All warrant requests can be made at:

Cass County Courthouse
211 9th Street South
Fargo, ND 58103

The Cass County Sheriff's Office received 4,186 warrants in 2023 and served 4,556 of them. That same year, it had approximately 3,251 outstanding warrants, the majority for misdemeanor crimes.

Do Cass County Arrest Warrants Expire?

No. Arrest warrants do not have expiry dates. Therefore, they remain active until executed or returned to and canceled by the issuing magistrate. Anyone with an arrest warrant issued in their name should turn themselves in at the nearest police station in Cass County or the Sheriff's office.