What are North Dakota Criminal Court Records?

North Dakota criminal court records consist of information, documents, and evidence gathered or used during criminal court proceedings. Criminal court records are generally public in compliance with the North Dakota Open Records Statute and state laws. Members of the public may access and make copies of criminal court records, except where a record is protected by the law or court order.

Note: The Clerk of the Court is typically responsible for managing and maintaining criminal court records. This role depends on the type of court and the district/county the court has jurisdiction over.

Understanding the North Dakota Criminal Court System

North Dakota has a unified and integrated court system. Established in 1861, it includes multiple court levels:

• Supreme Court
• Court of Appeals
• District Court
• Municipal Court

The Supreme Court is the highest court in the state. It has appellate jurisdiction over cases from the lower courts and is responsible for regulating the practice of law by ensuring that state-wide procedures and practices are promulgated before all courts of North Dakota. They hear interlocutory appeals by right for criminal, civil, writ, and administrative agencies. In certain circumstances, the Supreme Court has original jurisdiction to issue, hear, and determine such original and remedial writs as may be necessary to properly exercise its jurisdiction. However, the state Supreme Court has no judicial authority over federal crimes reported within the state.

The Court of Appeals is the state’s intermediate appellate court. Their original jurisdiction includes original proceedings and applications for writs. They were created by the legislature to assist the Supreme Court with its workload.

The District Courts of the State of North Dakota have largely broad jurisdiction over various areas of law and may grant original and remedial writs. They possess original and general jurisdiction over all kinds of cases unless otherwise provided by law. District courts also possess exclusive jurisdiction over criminal cases. The municipal courts of North Dakota generally have jurisdiction over cases relating to violations of city ordinances, such as drunk driving, traffic violations, or other violations.

Essentially, all courts in the state are tasked with hearing felonies, misdemeanors and infractions depending on their judicial districts.

What’s Included in a North Dakota Criminal Court Record?

Criminal court records include documents of court proceedings of a particular case, either during its trial or appeal stage. These include information collected, received, or maintained by court personnel in connection with a judicial proceeding; or any index, calendar, docket, register of actions, the official record of the proceedings, order, decree, judgment, minute, and any information in a case management system created or prepared by court personnel relating to a judicial proceeding; and information maintained by court personnel pertaining to the administration of the court or clerk of court office and not associated with a particular case. North Dakota criminal court records may also encompass North Dakota arrest records as well as executed North Dakota warrants, especially where related to the case.

Obtaining Criminal Court Records in North Dakota

North Dakota Criminal Court Records may be obtained through any of the following means:

• Obtaining records in person
• Obtaining records online
• Obtaining records by mail

How do I Access North Dakota Criminal Court Records in Person?

To obtain access to criminal court records in person, the following steps must be taken:

Locate or confirm the court that decided the case and its judicial district. This is important because the criminal court record is generated and maintained by the court clerk. For information on identifying the court, visit North Dakota court locations. The requester must submit a written request for the criminal court record to the court’s clerk. In addition, the written request must contain sufficient information to enable the clerk to find the case without extensive research. Information may be:

• Case number
• Date filed
• Case cross-reference number
• Citation number
• Defendant party’s details
• Name of Attorney
• Bar number of Attorney

Payment for the record is made after this. The fee to be paid is $10 per search requested. There is an additional charge of $1 per copy made.

Additionally, publicly available records may be accessible from some third-party websites. Operating independently without ties to any state government body, such platforms' websites offer the benefit of not being limited by geographical record availability and may often serve as a starting point when researching a specific or multiple records. To find a record using the search engines on these sites, interested parties must provide:

• The name of someone involved, provided it is not a juvenile
• The assumed location of the record in question, such as a city, county, or state name

Third-party sites are not government-sponsored websites. As such, record results, accuracy, and availability cannot be guaranteed.

How Do I Request North Dakota Criminal Court Records by Mail?

It is important to find out if the court offers this service when requesting criminal court records by mail. Interested parties may confirm this by contacting the clerk of court or visiting the court’s official webpage. In certain circumstances, a physical address is required for mailing records. Payment for records may be made by credit card or check. For general inquiries, send an email to the clerk of the court.

How to Find North Dakota Criminal Court Records Online?

This is the most convenient way of accessing criminal court records. The website to find criminal court records is the Supreme Court’s website. All an interested party needs is the following information:

• Court location of the case
• Case Number
• Case Cross-Reference Number
• Citation Number
• Defendant’s details
• Date filed

Are all North Dakota Criminal Court Records Public?

Under the North Dakota Open Records, the public may access court records at will. These records are in the possession of the state and local government, and they may be accessed and copied by all members of the public. The reason for this is to promote transparency and State accountability. Therefore, all criminal court records are open to be viewed, except where they are automatically sealed by law. To access criminal court records, contact the Office of the Clerk at:

North Dakota Supreme Court
600 E Boulevard Ave, Bismarck, ND 58505–0530
info@ndcourts.gov
Phone: (701) 328–2221

Can I Access Sealed North Dakota Criminal Court Records?

Under the North Dakota Supreme Court Administrative Rules, a request to access sealed case records may be made to the court by any member of the public or by the court on its own motion. The court, in deciding whether to allow access, has to consider whether there are sufficient grounds to override the reason why such a record was sealed initially. In deciding this, the court must consider the standards outlined in Section 5(f)(1)(C) and Section 2.

Are Juvenile Criminal Records Open to the Public?

Juvenile criminal records are official records that provide information about arrests of minors and records of cases filed in North Dakota’s juvenile courts. Pursuant to North Dakota state laws, juvenile records are confidential and cannot be accessed by the public, unless by law or court order. Juvenile records still remain open to inspection by

• Judge of the Juvenile Court
• Agents or employees of the Department of Human Services
• Parties connected to the proceeding
• Institutions providing supervision/custody of the minor

What Records are Automatically Sealed by North Dakota Statute?

Criminal court records are open records and may therefore be accessed by the public. The exception to this is where a statute declares certain records as confidential or exempt. Where the record is exempt, the public entity protecting or maintaining it possesses the discretion to either release or withhold it. Where it is confidential, on the other hand, the record cannot be released, unless the confidential information contained in the record is redacted.

Examples of confidential court records or record information:

• Juvenile court proceedings
• Restricted or redacted inmate records or incarceration information
• Social security numbers, credit, debit, or electronic fund transfer card numbers, and financial account numbers
• Domestic violence protection order files - except for the final order of the court
• Mental health commitment proceedings
• Psychological evaluations and drug and alcohol treatment records
• Adoption and paternity proceedings

Section 5 of Administrative Rule 41 and the Appendix to it provide a more detailed list of confidential records.

Are Trial Transcripts Open to the Public?

Yes, trial transcripts (written records) or audio recordings of cases may be purchased where they are made available pursuant to Administrative Rule 41. A detailed process for requesting the transcript is outlined under Policy 206—Fees and Expenses for Preparation of Transcripts and Policy 503—Procedures for Accessing Tapes or CDs.

North Dakota Crime Statistics

In 2023, 49,515 Group A offenses were reported to local law enforcement agencies across North Dakota, a 0.05% increase from 2022. These figures are from the Crime in North Dakota annual reports compiled by the Bureau of Criminal Investigation, which is responsible for managing the state’s UCR repository.

Age Demographics

According to the 2023 Crime in North Dakota report, 3,810 Group A arrestees were younger than 18. However, the number of adults arrested increased to 25,657.

North Dakota Crime Trends by Category

Crimes Against Persons

Crimes Against Property

The data above reveal an uptick in certain Group A offenses such as pocket-picking, involuntary servitude, and purse-snatching. This resulted in a significant increase in overall crime volume in the commonwealth. However, police departments recorded a notable decrease in motor vehicle theft, extortion/blackmail, and arson.

North Dakota Public Safety Contacts
Bureau of Criminal Investigation
P.O. Box 1054
Bismarck, ND 58502-1054
Email: ndag@nd.gov
Phone: (701) 328-2210