North Dakota Criminal Court Records

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    When a criminal case is filed in North Dakota, the courts create a master file that stores all documents, papers, recordings, and other materials related to the case. These are collectively referred to as the "criminal court records." Within the North Dakota judiciary, these records are fundamental for maintaining the due process and the transparency of the justice system.

    Each criminal (district or municipal) court in North Dakota keeps its own records of criminal proceedings. However, as North Dakota operates a unified judicial system, it can be said that the North Dakota Court System is the primary custodian of these records. The court system ensures record accessibility in accordance with North Dakota laws and court rules.

    Are Criminal Court Records Public in North Dakota?

    Yes. Criminal court records are presumed public under Administrative Rule 41. This rule grants individuals the right to inspect and make copies of court records, except where state law, court order, or court rule provides otherwise. Requesters are not required to provide their motive or reason for requesting case records or disclose their identity at the time of the request.

    Accordingly, some limits exist on the public's access to court records. For example, sealed or closed documents, juvenile delinquency proceedings, unexecuted arrest and search warrants, protected information (such as Social Security numbers, minors' identifying information, and taxpayer identification numbers), and the addresses, phone numbers, and email addresses of jurors are confidential in North Dakota. However, parties to a criminal action may examine exempt records.

    What Criminal Court Records Contain in North Dakota

    North Dakota's criminal court records provide essential information about the progression, events, and outcomes of criminal cases. Besides case and party identifiers, such as defendant names, filing dates, case numbers, and case types, the records include indictments and other charging instruments, motions, verdicts, sentencing orders, and other documents produced or filed during the proceedings.

    North Dakota Criminal Court Records Search

    The North Dakota Judiciary's North Dakota Courts Records Inquiry is the primary tool for accessing criminal court records from the district and municipal courts online. The municipal courts hear criminal violations of city ordinances, while the district courts oversee criminal violations of state law.

    The Courts Records Inquiry portal enables users to search for cases using various keywords, including the defendant's name, case number, filing date, and citation number. It should be noted that records accessed through the online portal are not certified by the North Dakota Judicial Branch and do not represent the official court record. For official documents, a visit to the courthouse or a written request to the Clerk of Court may be necessary.

    Courthouse access includes the use of an internet terminal; each county courthouse provides one of these terminals. Records not obtainable from the terminal may be requested directly from the Clerk. Fees usually apply to obtaining printed copies of certified court documents.

    Free Access to Criminal Court Records in North Dakota

    North Dakota criminal court records can be accessed for free through the Courts Records Inquiry system and at public computers or terminals located within county court facilities across the state.

    Generally, there are limits to free record searches. Certain records are restricted to the parties involved and authorized parties. Additionally, requesters must typically pay court fees to obtain a plain or certified copy of a North Dakota court record. Individuals who cannot afford these costs may apply for a fee waiver, which is a provision under North Dakota laws and court rules.

    Sealing and Expungement of Criminal Court Records in North Dakota

    In North Dakota, sealing and expungement are distinct legal remedies for criminal court records. Both aim to remove these records from public view, thereby mitigating the associated legal consequences and social stigma. Eligibility for either procedure is determined by state laws, which consider factors such as the type of case, its outcome, and the fulfillment of mandated waiting periods.

    Sealing is a much more common approach to removing a record from general access. It restricts public access to inspect a criminal case file, indicating that such a record is no longer viewable except under limited circumstances approved by the court. When a record is sealed, it is not physically destroyed; instead, it remains accessible to authorized entities and law enforcement agencies.

    In contrast, an expungement destroys or erases a record.

    How to Seal Criminal Court Records in North Dakota

    Sealing criminal court records in North Dakota (N.D.C.C. Ch. 12-60.1) is not an automatic process. It requires adherence to specific legal procedures and the fulfillment of certain eligibility criteria.

    Criminal Convictions

    A petition to seal court and prosecution records may be filed if:

    • The defendant (petitioner) was convicted of or pleaded guilty to a misdemeanor offense and has not been convicted of a new crime for at least three years prior to filing the petition.
    • The petitioner was found guilty of or pleaded guilty to a felony offense and has not been convicted of a new crime for at least five years prior to filing the petition.
    • The petitioner received an unconditional pardon for their criminal conviction from the governor.

    To file a petition with the court, eligible defendants must complete the designated form. This form requires personal identifiers, such as full names and all addresses from the date of the offense to the date of the petition. Additionally, a detailed explanation of why the criminal record should be sealed is necessary. The petition should be submitted, along with a copy of the defendant's criminal history record, to the court for consideration. Note: Petitioners may be required to pay a filing fee at the time of filing. The court clerk should be contacted to verify court costs. However, indigent applicants may qualify for fee waivers.

    A hearing is often scheduled by the court 45 days after the petition's filing date. This waiting period allows the prosecutor to gather inputs from correctional authorities, law enforcement agencies, witnesses, and victims involved in the case.

    To grant a petition to seal a criminal record in North Dakota, the court assesses whether the petitioner demonstrated sufficient cause (that the benefits of sealing outweigh public access to the record). The court typically considers the severity and nature of the crime, any potential threat the petitioner poses to society, and evidence of rehabilitation when making its decision.

    Nonconviction Records

    N.D.C.C. Section 12-60.1-05 also allows a North Dakota state district court or municipal court to close nonconviction records for applicable cases (acquittals or dismissals). If the order of nonconviction was entered on or after August 1, 2025, the court closes the court record 61 days after entry. In other cases (before August 1, 2025), the defendant may file a petition to have the court record closed. Filing instructions are provided on the petition form. However, this process only closes the court records. Prosecution records are not closed via this process.

    How to Expunge a Criminal Record in North Dakota

    In North Dakota, expungement is available only in specific circumstances:

    • Juvenile records: These records are subject to automatic destruction upon the defendant reaching 18 years of age or 10 years after the sentencing date, whichever occurs later (N.D.C.C. § 27-20.2-25; NDRJP Rule 19).
    • First-time marijuana convictions: A first-time marijuana convict possessing one ounce or less of marijuana at the time of arrest can file a petition to expunge such records after two years, during which there must be no prior conviction (N.D.C.C. § 19-03.1-23(9)
    • Unconstitutional Arrest: An individual can file a petition to expunge the record of an arrest that was unconstitutional and charges were overturned.
    • Victims of Human Trafficking: For offenses related to societal vices, such as misdemeanor theft, drug-related crimes, and prostitution, defendants can petition the court to erase records if the crimes were committed on account of being victims of human trafficking (N.D.C.C. § 12.1-41-14).
    • DNA Profiles: Individuals whose DNA profiles are included in the State's Crime Laboratory Database due to an arrest incident, but who were subsequently acquitted, had charges dismissed, or faced only misdemeanor charges (without a felony conviction), have the right to petition the court for expungement of their personal DNA profiles. This request must be made within one year of the event, in accordance with N.D.C.C. § 31-13-07.

    After determining eligibility, a defendant can petition the court where their case was heard to expunge their records. This legal process aims to clear specific criminal records that the state deems should not permanently remain on an individual's record.

    Criminal Records in North Dakota vs Court Records

    In North Dakota, criminal records and criminal court records are distinct but related documents. Criminal records, also known as "rap sheets" or Criminal History Record Information (CHRI), are comprehensive statewide histories compiled by law enforcement agencies and the North Dakota Bureau of Criminal Investigation (BCI). These records encompass information on arrests, charges, and dispositions gathered on criminal suspects throughout the state.

    Criminal court records, on the other hand, are case files created during criminal prosecutions. The judiciary maintains these records.

    Requesting a North Dakota Criminal History Record

    North Dakota's Bureau of Criminal Investigation is responsible for maintaining comprehensive criminal history records within the state. Individuals can access their own Criminal History Record Information by completing an application or providing fingerprints and paying the required fee to the BCI. Access to another person's North Dakota criminal record is restricted.

    How to Request a North Dakota State Background Check

    Background checks in North Dakota are processed by the state's Bureau of Criminal Investigation. The agency offers name-based or fingerprint-based checks.

    To request a fingerprint-based background check, applicants must complete the designated request form, submit fingerprints on standard fingerprint cards or through authorized vendors, and pay the statutory charges. Once processing is complete, the result will be sent by the BCI to the authorized agency or requesting individual.

    Fingerprint-based searches are the preferred method for ensuring accuracy and eliminating errors caused by mistaken identity, a common issue with name-based searches. This is a vital check because no two individuals have identical fingerprints.

    Active vs Archived Criminal Cases in North Dakota

    Active cases are those that are still ongoing. Their records are readily available through current court calendars, the clerk's office, or the online court records portal. Conversely, archived cases are older records that have been closed and moved to local storage facilities or the state archives for permanent storage. Accessing archived records often requires a written request to the appropriate court authority, and responding agencies may need extra processing time to retrieve these documents.