What are North Dakota Juvenile Court Records?

Juvenile Courts in North Dakota are a division of District Courts that handle cases involving persons below the age of 18 years. A collection of notes and activities pertaining to a case in these courts makes up a juvenile court record. The rules of procedure, programs, and activities of these specialized courts aim to protect the best interests of children and to provide support for troubled youths to adjust to better citizenship in the community. The Uniform Juvenile Act of the North Dakota Century Code provides a definition and interpretation of the laws guiding juvenile matters in the state.

What Information is Contained in a North Dakota Juvenile Record?

Juvenile Records in North Dakota typically fall into one of these categories:

• Accounts of the wrongdoing of a child
• Details of the wrong done against a child
• Reports of a review of regulations to meet the needs of a child

All of them have the common feature of information that identifies the involved party in the record. Inclusive of this list is the case information ID, names of involved parties, and their addresses.

Courts' records of delinquency cases may contain all or some of the following information:

• Apprehension notices
• Detention information
• Court referrals
• Court dispositions
• Probation and court supervision progress updates

Court records and arrest records contain specific descriptive information about the involved party, such as

• Sex
• Race or ethnicity
• Color of eyes, skin, and hair
• Fingerprints (in cases of arrests and commitment to custody)

What Cases Are Heard By North Dakota Juvenile Courts?

North Dakota Juvenile Courts hear all cases for the adjudication and protection of a child. Among these are:

Delinquent and unruly behavior: In North Dakota, delinquency cases are separate from Unruly cases. The delinquency case category is considered the more serious of the two.

Child deprivation and neglect: a child lacking appropriate care or control

• Guardianships
• Underage smoking or alcoholism
• Offenses of criminal equivalence in Adult courts
• Traffic violations
• Drug-related offenses
• Parental Rights Termination

Who is Eligible to View Juvenile Records In the State?

Juvenile Records in North Dakota are closed to the public. Generally, only limited parties have unrestricted access to them. Some of these may include:

• Authorized Court staff
• Juvenile’s school administrative head or delegated representative (for juvenile offenses that are felony equivalents)
• Authorized agents of the Uniform Crime Victims Compensation Program
• Division of Children and Family Services
• Department of Human Services
• Child’s representative attorney
• Juvenile
• Victim of the case or their representatives

Those court order requirements may  include:

• Requests for relevant research
• Military personnel, along with a note of release from the child’s legal guardian or parents.
• The following parties may be able to access some or all of the same information, but the names of the listed parties will remain hidden, unless otherwise indicated:
• Social services
• Statistical studies
• Drug treatment Records (courts may release full details upon the holder’s consent, or at the court's discretion)

If the case receives trial at the adult criminal court, or the juvenile is on the run and needs to be found, the authorities may  place the records in a publicly accessible space. The law enforcement agencies may also need to release a juvenile's record if there is a national emergency requirement for it.

How to Find Juvenile Records in North Dakota

All agencies that create and maintain documents for juveniles make up the repositories of juvenile records in North Dakota. However, the release of these records is under restriction according to the guidelines of the law. Interested parties may visit the Office of the relevant District Court to request a juvenile record. Keep in mind that the records are not subject to the public records policy of the state; they are mostly under restrictions. To access them, applicants generally need to either be on the eligibility list or have a court order. Use the Guidelines for Eligibility to check status.

Be prepared with the name of the juvenile, the case ID, the District that handled the case, and the year of filing. Use the District Court Directory to locate the address of interest. Record viewing may be accessible for free, but copies may come at a fee. The administrative processes vary from district to district, therefore, contact the relevant address to get more information.

Records that are considered public may be accessible from some third-party websites. Operating independently of any federal, state or local agency, such websites may simplify the search process as they are not limited by geographic location. In addition, third-party sites typically have search engines that can be used for filtering specific or multiple record(s). To use third-party or government websites, interested parties may need to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused in

However, third-party sites are independent of government sources and are not sponsored by these government agencies. Therefore, the record results, availability, or accuracy cannot be guaranteed.

Can You Look Up North Dakota Juvenile Court Records Online?

No. They are not accessible online. Some offenses may warrant the moving of the record into public space, but only available at the courthouse of interest. If there is a need to alert the public to the escape of a violent juvenile, the authorities do so by using the state’s recognised means of communication.

Do North Dakota Juvenile Records Show up on A Background Check?

No. Juvenile adjudications typically do not show up during a background check. Convictions of juveniles cases transferred to adult courts, and sex offenders may show up on search by certain authorized parties. They include childcare, healthcare, educational, and law enforcement employment agencies. The visibility of these exceptions are subject to the laws of confidentiality, expunction and sealing in the state.

How Long are Juvenile Records Kept in North Dakota?

The laws of the state allow the sealing and expungement of juvenile records. As per juvenile records, North Dakota is an auto-process state. This means that juvenile records are generally sealed automatically upon the conclusion of the case. After a specified period, the same records undergo expungement. The nature of the offense largely dictates the waiting period between sealing and expungement of the records. Here is a summary of the time frames for selected cases:

• Delinquency cases- 10 years after the closure of the case, or when the child turns 18, whichever is earlier
• Unruly behavior cases- 1 year after completing supervision
• Sex offenses- 50 years after disposition
• Juvenile special proceedings- 1 year for cases with petition filings for removal
• Child officer working file copy- when the child reaches the age of 18 years
• Juvenile drug treatment records- 2 after completion of the drug treatment program

The expungement of juvenile records takes place through shredding.