North Dakota Arrest Records

Are Arrest Records Public in North Dakota?

Yes, arrest records in North Dakota are public information, as provided by North Dakota state statutes. The statute provides that all arrest records "shall be open to public inspection and copying". However, there are some restrictions on who can access arrest records. In addition, certain information may be redacted from arrest records before they are released to the public, such as the names of juvenile offenders.

An arrest record is a document that contains information about an individual's arrest and detention. North Dakota law enforcement agencies typically create this document, and it may contain information about their North Dakota criminal records and history, personal data, and details about the arrest itself. Arrest records are public documents, which means they are accessible to anyone who requests them unless otherwise specified by law or court order.

The North Dakota Bureau of Criminal Investigation (BCI) also plays a role in collecting and disseminating arrest records. These records are available to the public through several channels, including online databases and request forms.

Who Can Access North Dakota Arrest Records?

The following individuals/corporate bodies may access North Dakota arrest records with minimal restrictions:

• All law enforcement agencies
• The North Dakota Bureau of Criminal Investigation
• The North Dakota Attorney General's Office
• The North Dakota Department of Corrections and Rehabilitation
• The Federal Bureau of Investigation
• The United States Marshal Service
• North Dakota courts and court officials
• Licensed private investigators in the course of their official duties
• Victims of crimes, as defined by the North Dakota statute.
• Attorneys representing defendants in criminal cases, as long as they do not disclose the information to their clients or any other person not authorized to receive it.
• Members of the news media, to publish or broadcast a news story unless the disclosure would be likely to interfere with a pending investigation or prosecution.

Records of the following individuals may be made available with some restrictions:

• Juvenile offenders, as their records are confidential and can only be released to specific individuals/agencies with a court order.
• Adults who have had their charges dismissed or who have been found not guilty, as their records are expunged and can only be accessed by specific individuals/agencies with a court order.

What Shows Up on a North Dakota Arrest Record?

North Dakota arrest records typically feature the following information:

• The name of the individual who was arrested
• The date of the arrest
• The location of the arrest
• The name of the law enforcement agency that made the arrest
• The charges against the individual
• A physical description of the individual, including their height, weight, and eye color
• A mugshot of the individual
• The fingerprints of the individual
• The date of birth of the individual
• Any previous arrests or convictions

North Dakota Arrest Statistics

According to the arrest statistics submitted to the FBI for the annual Uniform Crime Report by North Dakota law enforcement, there were 33,210 arrests in North Dakota in 2018. Of those arrested, 4009 were under 18 years old.

The most common arrests made were for drug abuse violations, which made up 16% of all arrests. This was followed by DUI (15%), property crime (9%), and other assaults (8%).

Looking at crime rates per 1000, the highest number of arrests per 1000 residents was for other offenses (excluding traffic crimes), with 280 arrests per 1000 people. This was followed by drug abuse violations (163 per 1000), DUI (154 per 1000), and property crime(93 per 1000).

The least arrests reported were for gambling, with just 0.03 arrests per 1000 residents. This was followed by vagrancy (0.12 per 1000, arson (0.27 per 1000), and murder (0.30 per 100,000).

How Do I Lookup Someone's Arrest Records in North Dakota?

Interested members of the public may request North Dakota arrest records from the Department of Corrections or the local county sheriff's office. The Department of Corrections will only provide records for individuals who are currently incarcerated, on parole, or on probation. The sheriff's office can provide records for anyone arrested in the county, regardless of their current status.

Both agencies may charge a small fee for the records request. Arrest records are public information in North Dakota and are available to anyone who requests them.

Arrest record requests can be made in person, by mail, or online. The process is typically quick and easy, and most agencies will provide the records within a few days.

To request a North Dakota arrest record via mail, the requesting party must complete the appropriate record request form and submit it to the agency from which they wish to receive the records. These forms are typically maintained on the website of the agency of interest.

Arrest Records can also be requested online through the North Dakota Court Records website. This website allows users to search for criminal court records by case number, name, or other criteria. Once the search results are returned, users can click on the "view record" link to view the full record. These records are available to anyone and do not require a login or password.

How to Subpoena Arrest Records in North Dakota

North Dakota arrest records will need to be subpoenaed if they are required for a judicial proceeding and have been restricted or are not public information. The process to subpoena arrest records in North Dakota is as follows:

• The first step is to file a request with the court clerk in the county where the arrest was made. The request must include the name of the person arrested, the date of the arrest, and the case number if known.
• The clerk will then issue a subpoena for the records to the arresting agency, typically the sheriff's office or police department.
• The records will be sent to the clerk of court, who will then provide them to the requesting party.

There is a fee for this service, which is typically around $25.00.

The agency will typically have between 10 to 30 days to provide the requested records. If the records are not received within that time frame, the requesting party can file a motion to compel the production of the records.

How to Search for an Inmate in the North Dakota Prison System

The North Dakota Department of Corrections and Rehabilitation (DOCR) offers an online resident search tool on its website, which can be used to locate inmates by name or DOCR ID number. However, it must be noted that only currently incarcerated inmates incarcerated within North Dakota may be viewed using the tool. Requestors who want to obtain information about parolees may use the Parole Board, while victims of incarcerated individuals may visit the Victim Services page.

Alternative to using the DOCR database, requestors may choose to utilize third-party site options, which allow for broader searches across multiple states. These websites typically charge a small fee. Typically the user will have to provide information to facilitate the investigation, including the first and last name of the inmate or the first few letters of either.

How Do I Find Out if Someone Was in Jail in North Dakota?

Interested members of the public may find out if someone was in jail in North Dakota by contacting the appropriate county sheriff's office. Each county in North Dakota has its own sheriff's office, and the staff at these offices can help requestors find out if someone was in jail in their county. The requesting party may need to provide the name of the person being inquired about, as well as other identifying information. The staff at the sheriff's office will be able to tell explain if that person was ever booked into the county jail.

Information on offenders who have been released from North Dakota prisons can also be found by contacting the Division of Criminal Investigation (DCI) at (701) 328-5500.

The DCI maintains a database of criminal history records for the state of North Dakota. The user will need the offender's name and date of birth to search it.

How Long Do North Dakota Arrest Records Stay on File?

Like most states, North Dakota arrest records may be kept on file for up to seven years from when the arrest or offense occurred. That is unless the arrestee is exonerated or found not guilty after judicial proceedings. Notwithstanding, arrest records will stay on file with the BCI indefinitely. However, there are some restrictions on how these records can be used. If the records are subpoenaed, employers may not be allowed to use arrest records to make hiring decisions to a certain degree. Additionally, landlords cannot use arrest records to deny someone housing.

How to Obtain Arrest Records for Free in North Dakota?

Persons looking for arrest records in North Dakota may contact the local sheriff's office or the police department in the city or county where the arrest occurred. Similarly, the North Dakota Bureau of Criminal Investigation (BCI) maintains a database of criminal history information that is available to the public. However, this database does not include information on arrests that did not lead to convictions. While the BCI allows free online searches for mail-in requests (where the requestor requires a copy of the record), interested persons must complete a Record Request Form and submit it to the bureau along with a $15 fee. The form is available online at the BCI website.

How to Search for a North Dakota Arrest Record Online Using a Third-Party Search Service

Interested persons can conduct an online search for North Dakota arrest records using a third-party search service. These services can provide detailed information about an individual's criminal history, including arrests, charges, and convictions.

To use a third-party search service, interested persons will need to provide the individual's name and date of birth. Some services may also require additional information, such as the individual's social security number or driver's license number.

Once the required information is entered, the search service will generate a report that includes details about the individual's arrest record in North Dakota. This report can be useful for conducting background checks or verifying someone's criminal history.

How to Correct an Arrest Record in North Dakota

Persons who believe that there is a mistake on their arrest record can take steps to correct the error. First, they can obtain a copy of their arrest record from the North Dakota Bureau of Criminal Investigation and proceed to identify the mistake that they believe is present on the record.

If the mistake is a typographical error, such as an incorrect name or an incorrect date of birth, the record-holder can submit a request to have the mistake corrected. The BCI will then amend the arrest record accordingly.

If the mistake is more significant, such as an incorrect charge or an incorrect disposition, the record-holder can submit a request for an expungement. The BCI will then review the request and determine whether or not the arrest record should be expunged.

The BCI will only consider requests for expungement in certain circumstances, such as if the charges were dismissed or if the person was found not guilty. If the BCI denies the request for expungement, the person can appeal the decision to a court of law.

It should be noted that even if an arrest record is expunged, it can still be accessed by certain individuals and entities, such as law enforcement agencies and courts of law.

How to Expunge Arrest Records in North Dakota

The process for requesting an arrest record expungement in North Dakota is as follows:

• The individual must submit a petition to the court that includes their name, address, date of birth, and Social Security number.
• The petition must also include proof of the requestor's eligibility and may also include a certified copy of their criminal history from the North Dakota Bureau of Criminal Investigation (BCI).
• Once the above materials have been submitted, a hearing will be scheduled before a judge to determine if the arrest record should be expunged. If the judge decides in favor of expungement, a court order will be issued and sent to the BCI. The BCI will then update its records accordingly.

Keep in mind that even if an arrest record is expunged, it may still show up on background checks conducted by employers or landlords. However, the expungement may prove that the individual has been rehabilitated and is not a risk to society.