Introduction to North Dakota Law Enforcement
North Dakota operates a decentralized law enforcement system comprising state, county, and municipal agencies that collectively serve the state's approximately 780,000 residents across 70,236 square miles. The state's law enforcement structure includes the North Dakota Highway Patrol as the primary state-level agency, 53 county sheriff's offices covering all of North Dakota's counties, and over 100 municipal police departments serving incorporated cities and towns throughout the state.
According to the most recent FBI Uniform Crime Reporting data, North Dakota employs approximately 1,800 sworn law enforcement officers statewide, translating to roughly 2.3 officers per 1,000 residents—a rate slightly below the national average. The state's law enforcement budget exceeds $200 million annually when combining state, county, and municipal expenditures, with the North Dakota Highway Patrol alone operating on an annual budget of approximately $50 million.
The jurisdictional distinctions among North Dakota's law enforcement agencies follow traditional models found throughout the United States. The North Dakota Highway Patrol maintains statewide jurisdiction primarily focused on traffic enforcement, highway safety, and supporting local agencies. County sheriffs, elected in each of North Dakota's 53 counties, hold constitutional authority throughout their counties, managing jails, serving civil process, and providing primary law enforcement in unincorporated areas. Municipal police departments operate within city limits under the authority granted by city charters and state statutes, handling local law enforcement matters ranging from traffic enforcement to criminal investigations.
North Dakota's relatively low population density creates unique challenges for law enforcement, particularly in rural counties where sheriff's deputies may patrol areas spanning hundreds of square miles. This geographic reality often necessitates mutual aid agreements between agencies and explains why multi-jurisdictional cooperation is particularly important in North Dakota's law enforcement landscape.
North Dakota Highway Patrol
The North Dakota Highway Patrol operates as a division within the North Dakota Department of Transportation, distinguishing it from many states where the highway patrol functions as part of a Department of Public Safety. Established in 1935, the agency currently employs approximately 150 sworn troopers and 100 civilian support staff who serve the entire state from seven district headquarters located in Bismarck, Devils Lake, Dickinson, Fargo, Grand Forks, Minot, and Williston.
The Highway Patrol's primary responsibilities include traffic enforcement on state and interstate highways, commercial vehicle inspections through its Motor Carrier Division, crash investigation and reconstruction, and providing support to local law enforcement agencies when requested. The agency also maintains specialized units including the Tactical Operations Unit (similar to SWAT teams in other agencies), K-9 units trained in narcotics detection and tracking, and the Capitol Security Division responsible for protecting the State Capitol complex in Bismarck.
To request records from the North Dakota Highway Patrol, citizens can contact the agency's headquarters at 600 E Boulevard Ave, Bismarck, ND 58505, or call (701) 328-2455. The agency handles requests for crash reports, incident reports involving Highway Patrol investigations, and other public records in accordance with North Dakota's open records laws codified in Chapter 44-04 of the North Dakota Century Code.
Crash reports represent the most commonly requested records from the Highway Patrol. North Dakota law requires drivers involved in crashes resulting in injury, death, or property damage exceeding $1,000 to file a report. When the Highway Patrol investigates a crash, the resulting report becomes available to parties involved in the accident, their attorneys, and insurance companies. To obtain a crash report, requesters must complete Form SFN 2282 (Crash Report Request) and submit it with a $3 fee per report. Reports typically become available 10-14 business days after the crash occurs, as investigating officers must complete their reports and supervisory reviews before release.
The Highway Patrol also maintains online services through the North Dakota Department of Transportation website, where requesters can search for crash reports using the date of the crash, location, and parties involved. However, the online portal only allows searching for reports; actual copies must still be requested through the formal process with payment of applicable fees.
For more complex records requests, such as investigative files, internal communications, or aggregated data, requesters should submit a written request citing North Dakota Century Code § 44-04-18, which establishes the state's open records requirements. The Highway Patrol must respond within a reasonable time, though the statute does not specify a particular deadline. Fees for copies and staff time spent fulfilling requests may apply, with photocopies typically costing $0.25 per page and electronic records costing actual reproduction expenses.
How to Request Police Records in North Dakota
North Dakota's open records laws, primarily codified in North Dakota Century Code Chapter 44-04, establish that most police records are public unless specifically exempted by statute. Understanding how to navigate the request process for different types of police records requires familiarity with both state law and individual agency procedures.
Incident Reports
Incident reports, also called case reports or offense reports, document law enforcement responses to calls for service and criminal complaints. Under North Dakota law, most incident reports are public records, though certain information may be redacted to protect ongoing investigations, victim privacy, or confidential informants. Any member of the public may request incident reports, not just parties involved in the incident.
To request an incident report, contact the law enforcement agency that responded to the incident. For incidents within city limits, this typically means the municipal police department; for unincorporated areas, contact the county sheriff's office. Most North Dakota agencies require requesters to provide the incident date, location, and case number (if known) or names of parties involved. Fees vary by agency but typically range from $0.25 to $0.50 per page for paper copies, with some agencies charging $5-25 for report preparation time. Most agencies provide reports within 3-10 business days, though complex cases or older records may take longer.
Arrest Records
Arrest records in North Dakota occupy a middle ground between fully public and restricted information. Basic arrest information—including the person arrested, charges filed, arrest date, and arresting agency—is generally public. However, detailed arrest reports containing investigative information, witness statements, and evidence descriptions may be withheld if disclosure would compromise an ongoing investigation or upcoming prosecution.
Current arrest information is often available through county jail rosters, which most North Dakota sheriff's offices publish online showing individuals currently in custody. For historical arrest records or more detailed information, requesters must contact the arresting agency directly. Some information, particularly arrest records that did not result in conviction, may be subject to expungement or sealing under North Dakota Century Code § 12-60.1-07.1, making them unavailable to the public.
Traffic and Crash Reports
Traffic crash reports in North Dakota can be requested from the investigating agency, whether that's the Highway Patrol, a municipal police department, or county sheriff's office. As mentioned earlier, the standard fee is $3 per report. North Dakota does not maintain a centralized online portal where citizens can directly download crash reports, but the Department of Transportation website provides a search function to identify which agency investigated a particular crash.
Parties involved in crashes, their legal representatives, and insurance companies have broader access rights to crash reports than the general public. Under North Dakota Century Code § 39-08-10, certain personal information in crash reports may be redacted when provided to the general public to protect driver privacy.
Body Camera Footage
North Dakota does not have a comprehensive statewide law governing body-worn cameras or dashcam footage from law enforcement. Instead, access to such recordings is governed by the general open records statute and individual agency policies. Many North Dakota law enforcement agencies have adopted body-worn cameras, particularly larger departments like Fargo Police Department, Grand Forks Police Department, and Bismarck Police Department, but deployment is not universal across the state.
Requesting body camera footage requires submitting a records request to the specific agency whose officers recorded the footage. Agencies may charge for the staff time required to locate, review, and redact footage—a process that can be expensive for lengthy recordings. North Dakota law allows redaction of footage that would invade personal privacy, reveal confidential investigative techniques, or endanger individuals. Expect processing times of several weeks for body camera requests, as agencies must review footage to determine what can be released.
911 Call Recordings
Emergency 911 call recordings in North Dakota are generally considered public records under Chapter 44-04, but access is subject to limitations. North Dakota Century Code § 57-40.6-13 governs emergency services communication systems and allows withholding of recordings that would interfere with law enforcement proceedings or invade personal privacy. Most 911 centers in North Dakota are operated at the county level, so requests should be directed to the county sheriff's office or the specific 911 communications center serving the area.
Agencies typically require requesters to provide the date, time, and address or phone number associated with the 911 call. Fees for 911 recordings vary but generally include costs for staff time to locate and copy the recording. Processing times range from one to four weeks depending on the agency's workload and the complexity of the request.
Filing a Formal Public Records Request
For any police records in North Dakota, the formal request process begins with a written request citing North Dakota Century Code § 44-04-18. While oral requests may suffice for routine records like incident reports, written requests create a paper trail and are advisable for sensitive or complex requests. Include: (1) a clear description of the records sought; (2) your contact information; (3) your preferred format (paper copies, electronic files, or inspection in person); and (4) citation to the open records law.
Send requests to the records custodian or chief administrator of the law enforcement agency. If an agency denies a request, it must provide written justification citing the specific statutory exemption. North Dakota Century Code § 44-04-21.1 allows requesters to seek judicial review of denials through district court.
Criminal Justice Information in North Dakota
The North Dakota Bureau of Criminal Investigation (BCI), a division of the Office of Attorney General, serves as the state's central repository for criminal history record information (CHRI). The BCI maintains fingerprint-based criminal records for all arrests and prosecutions that occur in North Dakota, as well as records submitted by other states through the Interstate Identification Index.
North Dakota law distinguishes between criminal history record information available to the general public and more comprehensive records restricted to authorized entities. Under North Dakota Century Code § 12-60-16.6, the BCI provides two types of criminal background checks: name-based searches and fingerprint-based searches.
Name-based criminal record searches check North Dakota court records and provide information about convictions, pending charges, and some arrest information. These searches are available to the public through the North Dakota Courts website (www.ndcourts.gov), which provides free access to statewide criminal and civil case records. However, name-based searches have limitations—they may miss records if names are spelled differently, they don't include sealed or expunged records, and they only cover North Dakota cases.
Fingerprint-based background checks provide more comprehensive and accurate results by matching an individual's fingerprints against the BCI's criminal history database. These checks are required for certain employment positions, professional licenses, and adoption/foster care applications. Individuals can request their own fingerprint-based criminal history record for a fee of $20 for a state-only check or $42.50 for a combined state and FBI national check. Fingerprinting must be completed at an authorized location—many sheriff's offices and police departments in North Dakota provide fingerprinting services for background check purposes.
North Dakota employers conducting pre-employment background checks must comply with both state and federal law. The Fair Credit Reporting Act (FCRA) requires employers to obtain written consent before conducting background checks and to follow specific procedures if taking adverse action based on criminal history. North Dakota Century Code § 12-60-16.9 restricts how employers and licensing boards may consider criminal history, prohibiting discrimination based solely on arrests not leading to conviction and requiring consideration of the relationship between criminal history and the position sought.
Criminal records in North Dakota generally remain on file indefinitely, though certain records may be sealed or expunged under specific circumstances. North Dakota Century Code § 12-60.1-07.1 allows individuals to petition for sealing of criminal records in cases involving dismissals, acquittals, successful completion of deferred imposition of sentence, or convictions for certain offenses after a waiting period. Sealed records are not accessible through public searches and need not be disclosed on most employment applications, though they may still be visible to law enforcement and courts.
North Dakota Attorney General & Statewide Law Enforcement
The North Dakota Attorney General's Office, currently led by Attorney General Drew Wrigley, serves as the state's chief legal office and operates several divisions with direct law enforcement functions. The Attorney General is elected to four-year terms and oversees approximately 150 employees, including attorneys, criminal investigators, and support staff.
The Bureau of Criminal Investigation (BCI), operating within the Attorney General's Office, provides statewide criminal investigative services, forensic laboratory analysis, and criminal intelligence functions. The BCI employs special agents with full law enforcement authority who investigate major crimes, public corruption, drug trafficking organizations, and cases that cross jurisdictional boundaries. The BCI also operates the State Crime Laboratory in Bismarck, which provides forensic analysis including DNA testing, firearms examination, toxicology, and digital forensics to law enforcement agencies statewide.
North Dakota's Attorney General coordinates several multi-agency task forces addressing specific criminal threats. The North Dakota Narcotics Task Force coordinates drug enforcement efforts across the state, with regional narcotics units operating in multiple locations. These task forces combine personnel from local, state, and federal agencies to investigate drug trafficking organizations operating in North Dakota, particularly those distributing methamphetamine, fentanyl, and other controlled substances.
The Attorney General's Office also houses the Gaming Division, which regulates charitable gaming in North Dakota, and the Consumer Protection Division, which investigates consumer fraud and deceptive business practices. While not traditional law enforcement functions, these divisions have investigative authority and can refer criminal cases for prosecution.
The North Dakota Association of Counties Crime Laboratory in Bismarck provides additional forensic services, particularly for toxicology testing related to DUI cases. This lab operates independently from the BCI Crime Laboratory but serves a similar function supporting law enforcement investigations statewide.
Sex Offender Registry in North Dakota
North Dakota maintains a sex offender registry as required by federal Megan's Law requirements and state law codified in North Dakota Century Code Chapter 12.1-32-15. The registry is administered by the North Dakota Bureau of Criminal Investigation and is publicly searchable online through the North Dakota Sex Offender Website at www.sexoffender.nd.gov.
North Dakota law requires individuals convicted of specific sexual offenses to register with law enforcement for periods ranging from 15 years to life, depending on the offense severity and the offender's criminal history. The state uses a three-tier classification system aligned with federal standards established by the Sex Offender Registration and Notification Act (SORNA). Tier I offenders (lowest risk) must register for 15 years, Tier II offenders for 25 years, and Tier III offenders (highest risk) for life.
Registration requirements mandate that offenders provide extensive information including their name, aliases, date of birth, physical description, photograph, residential address, employment information, vehicle information, and details about their qualifying offenses. Offenders must register initially within three business days of sentencing or release from custody, and must update their registration in person whenever they change residences, employment, or educational institutions.
The public sex offender registry website allows searches by name, city, county, or zip code. The website displays photographs, physical descriptions, addresses (to the block level, not specific house numbers in some cases), conviction information, and risk classification for registered offenders. However, certain offenders may be excluded from the public website if their offenses were adjudicated in juvenile court or if a court has granted relief from public registration requirements.
North Dakota law, specifically N.D.C.C. § 12.1-32-15, imposes criminal penalties for offenders who fail to register or provide false information. Failure to register is a class C felony punishable by up to five years imprisonment. The statute also prohibits registered offenders from residing within 500 feet of schools or public parks if the victim of their offense was a minor, though this restriction includes some exceptions for offenders who owned their residence before the restriction took effect.
Wanted Lists & Crime Data in North Dakota
North Dakota law enforcement agencies maintain various wanted lists and crime databases accessible to the public. The most comprehensive wanted fugitive information comes from individual law enforcement agency websites and the North Dakota Bureau of Criminal Investigation, though the state does not maintain a single centralized "most wanted" list comparable to some other states.
Many North Dakota sheriff's offices and police departments publish wanted lists on their websites featuring individuals with outstanding warrants. Larger agencies like the Cass County Sheriff's Office, Burleigh County Sheriff's Office, Fargo Police Department, and Bismarck Police Department regularly update their wanted lists with photographs, charges, and last known information about fugitives. The public can often submit anonymous tips about wanted individuals through these websites or by calling local law enforcement.
Crime statistics for North Dakota are compiled through the FBI's Uniform Crime Reporting (UCR) Program and the newer National Incident-Based Reporting System (NIBRS). The North Dakota Bureau of Criminal Investigation serves as the state's UCR program administrator, collecting crime data from law enforcement agencies statewide and reporting it to the FBI. North Dakota has transitioned to NIBRS reporting, which provides more detailed crime data than the traditional UCR summary system.
The BCI publishes annual crime statistics reports summarizing crime trends across North Dakota. These reports break down Part I crimes (murder, rape, robbery, aggravated assault, burglary, larceny-theft, motor vehicle theft, and arson) by jurisdiction and provide year-over-year comparisons. According to recent reports, North Dakota experiences relatively low violent crime rates compared to national averages, though property crimes and drug-related offenses have shown increases in recent years, particularly in the western oil-producing regions that experienced rapid population growth during the Bakken oil boom.
The North Dakota Courts website also provides statistical information about criminal cases filed, processed, and disposed of in the state's district courts. This data offers insights into prosecution trends, conviction rates, and sentencing patterns across different types of criminal offenses.
Police Accountability & Misconduct Records
Access to police misconduct and disciplinary records in North Dakota is significantly restricted compared to some other states. North Dakota law provides strong privacy protections for personnel records of government employees, including law enforcement officers, which limits public access to information about officer discipline, use of force incidents, and misconduct investigations.
North Dakota Century Code § 44-04-18.1 specifically exempts personnel records from the state's open records law. This exemption covers disciplinary actions, performance evaluations, internal investigation files, and other employment-related records. Law enforcement agencies in North Dakota routinely cite this exemption when denying requests for records related to officer misconduct, and North Dakota courts have generally upheld these denials.
However, certain information about police conduct may become public through other means. If officer misconduct leads to criminal charges, those court records are public. If misconduct results in a civil lawsuit against an officer or agency, court filings and settlements may reveal information about alleged misconduct. Additionally, if an officer's certification is revoked by the North Dakota Peace Officer Standards and Training (POST) Board, that action becomes part of the public record.
The North Dakota POST Board, operating under the Attorney General's Office, maintains certification standards for all law enforcement officers in the state. The Board can suspend or revoke an officer's certification for misconduct, criminal convictions, or failure to meet training requirements. Information about POST Board disciplinary actions is available through the Board's records, though detailed investigation files typically remain confidential.
Use of force reporting in North Dakota varies by agency, with no statewide standardized use of force reporting system. Some agencies voluntarily publish annual use of force statistics or include them in annual reports, but there is no legal requirement to do so. The North Dakota Attorney General's Office has worked with law enforcement agencies to develop use of force policies and training, but comprehensive statewide data on police use of force incidents is not readily available to the public.
Body camera footage may provide some accountability when officers' actions are questioned, but as discussed earlier, agencies have broad discretion to withhold such footage when they determine release would invade privacy or compromise investigations. The absence of a specific body camera statute in North Dakota means that access determinations are made case-by-case under the general open records law.
Civilians wishing to file complaints about police conduct should contact the internal affairs division or professional standards unit of the specific law enforcement agency involved. Most agencies have formal complaint processes, though the results of internal investigations are typically not disclosed to complainants beyond whether the complaint was sustained or not sustained. Some North Dakota cities have established civilian review boards or police commissions that provide oversight of law enforcement agencies, though these bodies generally operate with limited authority and access to confidential personnel information.
Traffic Violations & Driving Records
Driving records in North Dakota are maintained by the North Dakota Department of Transportation (NDDOT) Driver and Vehicle Services Division, headquartered in Bismarck. These records contain information about driver's licenses, traffic violations, crashes, suspensions, and other driving-related information for all licensed drivers in the state.
North Dakota provides two types of driving records: certified records (official records with a raised seal) and non-certified records. Certified records are typically required for court proceedings or official purposes, while non-certified records suffice for most other uses including personal review, employment applications, and insurance purposes.
To obtain a driving record, individuals can request their own record online through the NDDOT website, by mail, or in person at any NDDOT driver's license site. The fee is $3 for an online non-certified record or $5 for a certified record by mail. Requests must include the driver's full name, date of birth, and driver's license number. Processing time is immediate for online requests and 7-10 business days for mail requests.
Third parties seeking another person's driving record must comply with the federal Driver's Privacy Protection Act (DPPA), which restricts access to driving records for specific permissible purposes including insurance underwriting, employment screening (with consent), and litigation. Employers conducting background checks on drivers must obtain written consent and must have a legitimate business reason related to driving responsibilities. North Dakota Century Code § 39-06-07 establishes state-level protections aligned with the DPPA.
North Dakota uses a point system to track traffic violations. Points are assigned based on violation severity: speeding 1-10 mph over the limit receives 3 points, reckless driving receives 8 points, and DUI receives 12 points. Accumulating 12 or more points within 12 months results in a 30-day license suspension. Points remain on the driving record for three years from the conviction date, though the conviction itself remains on the record longer—typically seven years for major violations and three years for minor violations.
Commercial driver's license (CDL) holders face stricter standards. The NDDOT maintains CDL records in compliance with federal regulations, and CDL holders cannot mask or dismiss traffic violations through defensive driving courses or other means available to non-commercial drivers. Employers of commercial drivers can access CDL holders' driving records through the NDDOT's system, and federal regulations require commercial carriers to review driver records annually.
Frequently Asked Questions
Are arrest records public in North Dakota?
Basic arrest information is generally public in North Dakota, including the person arrested, charges filed, and arrest date. However, detailed arrest reports containing investigative information may be withheld during ongoing investigations. Current arrest information is often available through county jail rosters published online by sheriff's offices. Arrest records that did not result in conviction may be eligible for sealing under N.D.C.C. § 12-60.1-07.1, which would remove them from public access.
How much does a criminal background check cost in North Dakota?
The cost depends on the type of check. Name-based searches through the North Dakota Courts website are free. Fingerprint-based criminal background checks through the Bureau of Criminal Investigation cost $20 for a state-only check or $42.50 for a combined state and FBI national check. These fees do not include the cost of fingerprinting services, which typically range from $10-30 at local law enforcement agencies or private fingerprinting providers.
Can I get my criminal record expunged in North Dakota?
North Dakota uses the term "sealing" rather than "expungement." Under N.D.C.C. § 12-60.1-07.1, you may petition the court to seal criminal records in certain circumstances: if charges were dismissed or you were acquitted; after successful completion of a deferred imposition of sentence; or for certain offenses after a waiting period (five years for class C felonies, three years for misdemeanors). Sealed records are not accessible through public searches, though they may still be visible to law enforcement and courts.
How do I get a police report in North Dakota?
Contact the law enforcement agency that responded to the incident—the municipal police department for incidents in cities or the county sheriff's office for incidents in unincorporated areas. Most agencies require you to provide the incident date, location, and case number or names of parties involved. Fees typically range from $0.25-0.50 per page, with some agencies charging additional report preparation fees of $5-25. Most agencies provide reports within 3-10 business days.
Does North Dakota require body cameras for police officers?
No, North Dakota has no statewide law requiring law enforcement officers to wear body cameras. However, many agencies, particularly larger departments like Fargo, Grand Forks, and Bismarck police departments, have voluntarily adopted body camera programs. Each agency sets its own policies regarding body camera use and footage retention. Body camera footage is subject to open records requests, though agencies may redact portions to protect privacy or ongoing investigations.
How long do points stay on my driving record in North Dakota?
Points remain on your North Dakota driving record for three years from the conviction date. However, the underlying conviction remains on your record longer—typically seven years for major violations like DUI and three years for minor violations. Accumulating 12 or more points within 12 months results in a 30-day license suspension. CDL holders cannot mask violations and face stricter standards under federal commercial driving regulations.
Are police disciplinary records public in North Dakota?
No, police disciplinary records are generally not public in North Dakota. N.D.C.C. § 44-04-18.1 exempts personnel records from the open records law, and law enforcement agencies routinely withhold information about officer discipline and internal investigations. Some information may become public if misconduct leads to criminal charges, civil lawsuits, or revocation of the officer's certification by the POST Board, but internal disciplinary records themselves remain confidential.
How do I find out if someone has a warrant in North Dakota?
Many county sheriff's offices and municipal police departments publish wanted lists on their websites featuring individuals with outstanding warrants. You can also contact the clerk of court in the county where you believe a warrant may have been issued. The North Dakota Courts website allows searching of court records, which may indicate if a warrant has been issued in a criminal case. However, there is no single statewide database of outstanding warrants accessible to the general public.