Are North Dakota Records Public?

Yes. Per the North Dakota Open Records Law, all records and meetings created and maintained by government agencies while conducting the “public’s business” are public records unless a specific law states otherwise. The North Dakota Open Records Law guarantees the rights of any person to view and inspect any kind of recorded public information. Interested persons can find the state’s Open Records Law provisions in the North Dakota Century Code and the North Dakota Constitution.

Who Can Access North Dakota Public Records?

Under North Dakota state laws, any person can request and receive public records from any governmental agency, body, or organization, regardless of where they reside. Irrespective of the person’s status, all requesters are equal. Therefore, there is no need for a person to verify their eligibility to access public records.

Do I Need to State My Purpose and Use When Requesting Public Records in North Dakota?

A statement of purpose is generally not needed. When requesting access to public records, inquirers do not need to justify their requests. Also, no portion of the open records law or constitutional provisions states how receivers should use information obtained. Nonetheless, other state regulations may restrict the usage of specific material obtained through open records law. For instance, North Dakota Century Code Section 44-04-18.4(1) limits the use of trade secret information collected through open records law.

Individuals and organizations in North Dakota may seek public records for:

• Transparency and Accountability: The acquisition of public records guarantees the openness and responsibility of the government.
• Legal Proceedings: Lawyers and legal companies often seek publicly available information, such as court and property records, to assemble facts or information pertinent to their claims.
• Research Objectives: Government entities often receive public record requests from academics, researchers, and students. Among the many issues these records might offer helpful information are social concerns and economic developments.
• Journalism: To assist them in investigating public interest stories on everything from corruption and mismanagement to sociological trends, journalists and media organizations routinely ask for public records.

What Records are Public in North Dakota?

In North Dakota, a wide array of records are deemed public. These include birth, death, bankruptcy, criminal, and judicial records. The availability of these documents guarantees responsibility and openness in government activities. However, some limitations apply to preserve sensitive information and privacy.

North Dakota Public Court Records

North Dakota court records are legal paperwork of court proceedings in the state's court system. They comprise details of cases, parties involved, motions filed, evidence presented, and final rulings and judgments.

In North Dakota, the Clerk of the District Court maintains and manages court records, including district, county, municipal, and supreme court records. Court clerks preserve the integrity and completeness of court records.

Interested parties can conduct district court case searches online by name, citation number, or case number. The North Dakota Court System grants access to district court information for criminal, traffic, and civil cases.

Although North Dakota court records are usually available to the public, specific files cannot be disclosed due to confidentiality or a court judgment.

These records include:

• Juvenile hearings.
• Hearings on mental wellness concern.
• Drug and alcohol therapy documents, as well as psychological examinations.
• Adoption and paternity actions.
• Credit, debit, bank account, and electronic fund transfer card numbers; social security numbers.
• Except for the court's final order, domestic violence protection orders are filed.

Section 5 of Administrative Rule 41 and its appendix provide a complete list of confidential court records.

North Dakota Public Criminal Records

North Dakota criminal records, also referred to as rap sheets, are legal government documents that provide a comprehensive view of an individual's interaction with the criminal justice and judiciary system. Such a person's criminal history would comprise arrest incidents, bookings, court proceedings, and convictions.

The Bureau of Criminal Investigation (BCI) is North Dakota's primary database for criminal history information. It compiles documentation of arrests and criminal prosecutions of offenders for use by law enforcement agencies, the courts, and the public.

Typically, a North Dakota criminal record will include:

• The offender's full name and any known aliases
• The offender's current and former addresses
• The offender's physical description, including any special marks, scars, and tattoos
• The offender's sentencing details
• Charges/judgments
• Prison sentence/length
• Information concerning sex offender registry (if applicable)

Specific restriction and redaction policies apply to accessing North Dakota public criminal records. While court orders may protect some records, others may have rules for privacy protection attached to them when filed with a court of competent jurisdiction.

To acquire criminal records in North Dakota, eligible requesters must provide the subject's full name and any recognized aliases. Other requirements include the suspect's social security number or fingerprints, current address, and a signed authorization form.

For additional information on other criminal records-related processes, interested persons may contact the BCI at the following address:

Criminal Records Section
North Dakota Bureau of Criminal Investigation
P.O. Box 1054
Bismarck, ND 58502-1054
(702) 328-5500

North Dakota Public Arrest Records

By North Dakota Open Records Law, arrest records are public records. However, active criminal intelligence and investigative information are not subject to public disclosure.

Requesters seeking North Dakota's arrest records must provide the record subject's name (unless the subject is a juvenile) and last known location.

Regarding time restrictions, North Dakota does not stipulate a specified time limit for government agencies to respond to a records request. Nonetheless, arrest records may be stored for up to seven years from the arrest or offense date, except if the arrestee is acquitted of the charges.

North Dakota Public Bankruptcy Records

Bankruptcy records are official documents from a court proceeding started when an individual or corporation cannot pay their outstanding debts or obligations. Since bankruptcy cases occur in a federal court, they are considered public records. This means any member of the public can access the petitioner's bankruptcy forms via the internet-based Public Access to Court Electronic Records (PACER) service or by visiting a courthouse.

A North Dakota public bankruptcy record will often include the following details:

• List of all the debtors and creditors
• Filing date
• The number of a case or file
• The person in charge
• Case type or chapter in a bankruptcy
• Docket information or a summary of proceedings
• The city and county that handled the bankruptcy case

The United States Bankruptcy Court for the District of North Dakota is the state's custodian of bankruptcy records.

To look up bankruptcy records via PACER, a requester must set up and pay a fee to obtain documents online.

Interested persons can find the United States Bankruptcy Court for the District of North Dakota at:

Fargo
Bankruptcy Clerk’s Office
Quentin N. Burdick United States Courthouse
655 1st Ave North, Suite 210
Fargo, ND 58102
(701) 297-7100
Hours: Monday - Friday, 8:00 a.m. - 4:30 p.m.

North Dakota Public Birth Records

Requesters of North Dakota public records can expect to find documents containing the subject's complete name, sex, birth date, place of birth, and the parents' names.

Eligible persons may request certified copies of North Dakota birth records through the state's custodian of birth records, the North Dakota Department of Health and Human Services.

To obtain a birth record, a record searcher must provide the full name and date of birth on the record. Notably, a certified copy can only be requested by the person identified on the record, or their mother or father, if they are at least 16 years old.

The North Dakota Department of Health and Human Services, Vital Records Unit, receives birth record requests online, by mail, or through in-person appointments. Their location address is:

Department of Health and Human Services
600 E Boulevard Ave Ste 301, Bismarck, ND. 585053.

North Dakota Public Death Records

Public death records in North Dakota typically contain the deceased's full name, sex, date of death, place of death, and parents' names. The North Dakota Department of Health and Human Services oversees the administration of these records.

To obtain a death record, a requester must provide the full name of the deceased and the date of death. However, only a relative, an authorized representative, a funeral director, or a person with a court order can request a certified copy of a complete death record.

The North Dakota Department of Health and Human Services, Vital Records Unit processes death record requests online, by mail, or through in-person appointments.

Their location address is:

Department of Health and Human Services
600 East Boulevard Ave. Bismarck.
ND 58404-0250
Phone: (701) 328-2310

North Dakota Public Marriage Records

Public marriage records in North Dakota usually include the couple's names, the location of the marriage license purchase, and the wedding date. According to the Department of Health and Human Services, to obtain certified copies of marriage records in the state, requesters must contact the office of the court clerk or county recorder where a marriage license or certificate was initially issued.

To get this record, the requester must supply the names of the couple listed on the record—including maiden names, if relevant—the location where the couple purchased the marriage license and the date of the wedding ceremony. However, only a few individuals—the couple listed on the document, their immediate family, and their legal representatives—can get certified copies of a marriage record.

North Dakota Public Divorce Records

A North Dakota divorce record is a comprehensive document concerning a marriage dissolution completed in the state. Information contained in a divorce record includes:

• The names of the parties involved
• The date and location of the divorce
• The grounds for the divorce
• The division of property and debts
• Alimony and child support details
• Custody arrangements if children are involved

To obtain certified copies of divorce records in North Dakota, eligible persons must submit their record request to the district court’s clerk or the county recorder's office where the divorce or annulment occurred. The Department of Health and Human Services assists requesters in identifying counties where the court granted divorce decrees. Requesters can contact their office at (701) 328-2360 or e-mail: vitalrec@nd.gov.

Certified copies of North Dakota divorce records are only available to those named on the record, including their immediate family members and legal representatives.

North Dakota Public Inmate Records

Anyone can access public inmate records in North Dakota, including employers of labor and law enforcement agencies. To look up public North Dakota inmate records, requesters must provide the offender's last name or the starting letters of the last name.

The North Dakota Department of Corrections and Rehabilitation (NDDOCR) maintains the state’s public inmate records and their database and typically includes:

• Full name of the inmate
• Birth date
• Anticipated release date
• Imprisonment status of an inmate
• Sex offender compliance
• Protective order status
• Parolee and probationer details

Requesters should note that inmates' medical, psychological, and treatment records are closed records that require a North Dakota state district court application before they can be made public, as defined in N.D.C.C. Section 44-04-17.15.

The locational address of the North Dakota Department of Corrections and Rehabilitation is:

3100 Railroad Avenue
P.O. Box 1898
Bismarck, ND 58502-1898
Phone: (701) 328-6390

North Dakota Public Sex Offender Information

Any requester seeking North Dakota sex information can quickly obtain such data in the state. In North Dakota, persons who have pled guilty or been convicted of sexual crimes in any state, federal, tribal, or international court must register as sex offenders in the jurisdiction where they live. Offenders living in a neighboring state but working or schooling in North Dakota may also be required to register in North Dakota.

To access this information, searchers must visit the state's sex offender website. The Department of Corrections and Rehabilitation updates the site in real-time as new information is provided. The website lets inquirers access complete offender details, including their risk level.

Although the state authorities make sex offender information available to protect the community, individuals obtaining such records must use it responsibly. Therefore, it is unlawful to commit criminal acts against offenders, such as property destruction, intimidation, harassment, or written or verbal threats of harm against them or their families; these activities may lead to arrest and punishment.

North Dakota Public Property Records

In North Dakota, the public can access public property data such as the owner's name, property address, sale date, price, taxes, zoning, deed restrictions, easements, and liens.

Every county or local government records all residential or commercial properties within its boundaries, including its history in terms of value, taxes, and potential liens. The North Dakota Recorders Information Network (NDRIN) maintains property records for most of North Dakota's counties. As a result, anyone wishing to obtain information about a property should consult the county information pages on the NDRIN's interactive map on the internet, then pick the county of the required property record and submit requests using the contact information provided. Other important online sources of North Dakota property records are the state’s tax resources for assessors webpage and the state archives.

What is Exempted Under the North Dakota Public Records Act?

Under the North Dakota Public Records Act, exemptions are specific types of records or information government entities must not make public. These exemptions have been established to safeguard private information, individual liberties, or the integrity of pending investigations.

The Open Records Law exempts the following records from public disclosure:

• Financial account details.
• Computer software.
• Social Security numbers.
• Educational records.
• Trade secrets.
• Medical records.
• Personal details derived from customer complaints.
• Criminal investigation information.
• Professional exams.
• Contact details for minors.
• Records of fundraising donors.
• Economic support reports.
• Attorney-client privilege.

Applicants who suspect a government agency, entity, or organization has wrongfully rejected their public documents request may seek the attorney general's opinion on the alleged breach of open records or meetings legislation. They must submit the request within 90 days of an alleged meeting held without notice or within 30 days of any other breach of the open meetings or open records statutes. A party who feels wronged can also appeal to the Office of the Attorney General.

How Do I Find Public Records in North Dakota?

North Dakota public record inquirers can obtain such records from various sources, including government websites, local agencies, and online databases. While the Department of Health and Human Services provides information on vital records, the North Dakota Court and Secretary of State websites are essential for legal documents and court case information.

The following suggestions should be taken into account by interested parties looking for public records in North Dakota:

• Requesters should acquaint themselves with the extensive resources accessible in North Dakota for searching public records.
• To get more precise results, requesters must use more precise search phrases.
• Using official websites produces the most up-to-date and accurate records.
• Requesters looking for specific records should be aware of local agencies.
• Requesters who want to access and use public records must adhere to all legally mandated guidelines.

Can I Find Free Public Records in North Dakota Using Third-Party Sites?

Yes, indeed! Some third-party sites provide public records to North Dakota public record requesters. These websites compile and make available a broad spectrum of public records, including court, property, business filings, and vital and government agency papers.

However, while there are advantages to using third-party services to obtain public documents, there are also disadvantages. The benefits of using third-party databases include ease and the ability to access many records from various sources in one location. On the flip side, the dangers include potential data breaches and the accuracy of the information provided. As a result, visitors must verify the information they find and ensure they are on a secure and trusted website.

How Much Do Public Records Cost in North Dakota?

In North Dakota, government agencies can only charge applicants costs that do not exceed the cost of duplicating public information.

• The North Dakota court system imposes filing fees for certain paperwork in civil proceedings.
• Medical records, for example, come with special prices. The first 25 pages of printed documents cost $20, and each additional page costs $0.75. The first 25 pages of electronic records cost $30, followed by $0.25 for each page after 253.

Fees related to certain types of records

The filing fees for various types of documents are shown below:

• Filling out a Small Claims Court claim affidavit: $10
• Filing a summons and petition in District Court for divorce, separation, parenting responsibility, adoption, paternity, custody, conservatorship, informal and formal probate, and eviction: $80.
• Responding to a summons and complaint (or petition) in District Court: $50
• A motion to modify an order of alimony, estate division, child support, or child custody costs $30.
• Filing an answer to a petition to change the decision on alimony, property division, child support, or child custody costs $30.

Applicants who cannot afford the filing fee may request a written waiver from the court. They may qualify for a filing fee waiver if they are low-income earners or have a heavy expense burden. If the court grants their filing fee waiver, they do not have to pay the filing fee.

What Happens if I Am Refused a Public Records Request?

In North Dakota, a public agency may deny a request for public records if specific state or federal laws exempt such records from public disclosure. In such an instance, the agency or organization must clarify which national or state law considers all or part of the material closed. The justification for refusal must be documented in writing, stating whether or not the requested record exists.

Government entities may also reject multiple requests for records if they interfere with other vital duties. A government agency may decline to grant access to or copies of its records to the inquirer, but it must explain why in writing.

Following a public records request denial, the requester may ask the state attorney general to deliver a judgment on the issue within 30 days of the request's refusal. However, suppose the public agency denies access to the records after mediation. In that case, the applicant may institute a lawsuit against the government agency or official refusing access to the records of interest.

Nonetheless, requesters should note that agencies that decline record requests because the record does not exist are not in violation of the public records law.