North Dakota Public Records

How the North Dakota Open Records Statutes Actually Works

North Dakota's public records law is codified at N.D. Cent. Code § 44-04-18 (North Dakota Open Records Statutes). It gives any person — resident or not, citizen or not, journalist or not — the right to inspect and copy public records held by state and local agencies. In most cases, you do not have to explain why you want the record.

Response time: reasonable time; no fixed statutory deadline. The agency's response is not necessarily a deadline to deliver records — it tells you whether the records exist and when they'll be produced.

Fee rules: actual cost; $0.25/page typical; reasonable labor charges. Agencies cannot inflate charges to discourage requests.

If your request is denied or unreasonably delayed, the law typically provides a mechanism to appeal — either administratively or by filing a petition in state court. Many states award attorney's fees to requesters who prevail on a wrongfully denied request.

What You Cannot Get in North Dakota (the honest answer)

Many directory sites promise things North Dakota law specifically restricts. Here's what's actually true:

• Rap sheet access: Subject only via fingerprint. Third-party "instant background check" sites that promise a full North Dakota criminal history are typically aggregating older court data — not the official state record.
• Sealed and expunged records: records cleared under North Dakota's expungement law (N.D.C.C. § 12-60.1-02) are removed from public criminal history reports.
• Juvenile records are generally confidential under North Dakota law and not available without court order.
• Active investigation records, attorney-client privileged documents, draft notes, and personnel files are exempt under standard exceptions to the North Dakota Open Records Statutes.
• Booking photos (mugshots) have increasingly restricted commercial use across North Dakota and most states — paid "mugshot removal" sites are exposed to civil liability in many jurisdictions.

Expungement and Record Clearing in North Dakota

North Dakota's record-clearing law is found at N.D.C.C. § 12-60.1-02.

Eligibility: very limited; mostly available for non-conviction records and certain juvenile offenses.

The petition or application is typically filed in the court of conviction. Filing fees, waiting periods, and exclusions vary by offense type — serious violent crimes and most sexual offenses are commonly excluded. Many states are moving toward automatic ("Clean Slate") sealing for qualifying records.

If you believe your North Dakota record contains an error or includes an offense that should have been cleared, you have the right to challenge it through the state criminal history repository — typically by submitting a written claim with documentation.

How to Get Your Own North Dakota Criminal Record

If you need your own North Dakota criminal history — for an employer, a licensing board, an immigration application, or just to know what's there — the state record is maintained by the North Dakota Bureau of Criminal Investigation (BCI).

Walkthrough:

1. Choose your method: BCI fingerprint check $15.
2. Complete the required form (most states use a standard request form available from the North Dakota Bureau of Criminal Investigation website).
3. Submit your request along with the fee. Fingerprint-based methods provide the most complete and accurate record but take longer.
4. Turnaround: 2-3 weeks.
5. Review the response. If you find errors, the law at N.D.C.C. § 12-60-16.6 provides procedures for correcting or challenging inaccurate criminal history information.

Fingerprint-based criminal history checks are considered the official record. Name-based checks are faster and cheaper but can miss records or include records belonging to people with similar names — verify identity carefully.

Notable North Dakota Record Laws You Should Know

• N.D.C.C. § 12.1-32-07.2: Automatic record correction provisions.
• N.D.C.C. § 12-60-16.6: the statute governing the maintenance, dissemination, and inspection of state criminal history records in North Dakota.
• Federal interaction: the FBI maintains a separate national criminal history database (the Identification, Information & Investigation Services / NGI). Some North Dakota background checks include a fingerprint forward to the FBI for $13–$32 additional fee, depending on purpose.