North Dakota Arrest Records

According to the Office of the North Dakota Attorney General, law enforcement agencies reported 29,467 arrests in 2023. This figure was slightly higher than the 28,915 arrests reported the previous year. Of these numbers, 13.2 percent of the total arrests made were juveniles. Less than 31 percent of the total arrests made were of females. North Dakota arrest records in 2023 can be grouped into the following categories:

• Violent crimes: 4,147
• Property crimes: 4,505
• Society crimes: 6,756
• Drug crimes: 3,928
• Other crimes: 14,057

What Is an Arrest Under North Dakota Law?

Arrests in North Dakota refer to taking a person into custody in a manner authorized under the law so they answer to complaints made or a commission of an offense. During an arrest, the officer detaining the individual can summon as many individuals orally as they deem necessary.

Type of Arrests in North Dakota

According to state regulations, North Dakota arrests can typically be grouped into two categories: arrests with a warrant and without a warrant.

Arrest With a Warrant

An arrest may be conducted through a warrant for the individual's detention. Depending on the situation, this arrest type can be through a warrant or a summon. A warrant is in writing in the name of the State of North Dakota. It may be issued by the judge or magistrate following probable cause that a person committed or is engaged in a criminal enterprise. Summons are also in the same form as a warrant, except that they summon the accused to appear before an issuing magistrate at a designated time and place.

If the person fails to appear, a bench warrant will be issued for arrest. Warrants can only be executed by a peace officer working for the state. They can also be implemented in any county of the state, and the officer does not need to have the warrant in their possession at the time of the arrest. However, if they do have a copy during the arrest, they shall present it to them immediately upon detainment.

Arrest Without a Warrant

Law enforcement may implement an arrest on an individual without a warrant in certain circumstances. If the person has committed a public offense in the officer's presence, they can detain them without a warrant. If the person has also committed a felony but not in the officer's presence, Arrests may also be made for violating protection as per 14-07.1-06. When a person violates an order prohibiting contact or engages in domestic violence, they may be subject to arrest without a warrant.

What Are North Dakota Arrests Records?

Arrest records indicate an individual's interactions with law enforcement agencies in North Dakota up to that time. Arrest records are to be distinguished from criminal records because they typically contain the personal details and detainment of the person up until their booking. They do not, however, entail anything to do with the court processes, conviction, sentencing, or probation. That part is covered under criminal records. North Dakota arrest records may contain the following details:

• Names, phone number, address, and date of birth of the individual
• Description of the individual, according to height, weight, race, and gender
• Date and location of the arrest
• Arresting officer and agency
• Charges filed against the accused and their classification
• Sequence of events before and after the arrest, especially if the person resisted being taken into custody

How Can Arrest Records Be Accessed in North Dakota?

North Dakota arrest records are generally open to members of the public upon request following the Freedom of Information Act. A request for arrest records has to have reasonable identity-specific records. That said, some records may not be available to the broader public because they involve ongoing criminal investigations, identities of minors, or have been expunged. Arrest records which are not in these categories may be accessed in the following ways:

Local Law Enforcement

The local police department or sheriff's office should typically be the first stop for anyone looking for arrest records. These facilities keep up-to-date records of arrests made at the county level. It would be advisable, though, to first confirm which agency or department made the arrest before contacting them. It is also advisable to call ahead to confirm the requirements before issuing the request.

They may require government-issued photo identification and a valid connection to the party being searched. The fee for arrest records may also vary depending on the county and the agency. Depending on the department, some may only allow in-person requests, while others may allow mail and online alternatives.

North Dakota Department of Corrections and Rehabilitation

The Department of Corrections generally records those arrested and later imprisoned within the state. These records are made available via an inmate locator. Interested parties can search for the party they want using their last name.

North Dakota Attorney General's Office

It is typically possible to request a criminal background check of an individual via the North Dakota Attorney General's office. The report will also provide information on any arrests made and if they resulted in charges being filed against the defendant. To initiate a search, one can complete and submit the original signed form along with the required fee to the Bureau of Criminal Investigations. The fee of $15 can be made by check or money order to the North Dakota Attorney General's office.

How Long Will an Arrest Report Stay on Your North Dakota State Records?

In North Dakota, an arrest record will usually remain on the record unless an individual takes specific action to remove it. That is, even if no charges are filed, the case is eventually dismissed. If the person was convicted and sent to prison for the offense, though, it may be harder to expunge.

Can You Expunge Your Arrest Records in North Dakota?

Many North Dakota citizens could only recently have their records expunged and sealed. One of the ways to seal a record before 2019 was to get a deferred sentence imposition. That meant postponing the sentence for the crime, which would remain off the record until it begins. To order for the deferring of a sentence, though, the defendant had to plead guilty to the charges. According to the current laws, not everyone qualifies to have their records expunged. Those who are accused of sexual offenses, for example, are not eligible for expungement.

Individuals arrested and convicted of a misdemeanor, which is not severe, have to wait three years before requesting expungement. The waiting period also begins when the imprisonment, probation, or parole ends. For felonies, the waiting period is five years. Crimes involving violence mandate a ten-year waiting period. During this time, the individual cannot get any additional charges for their request to be valid.

If the applicant has fulfilled these conditions, they will petition the district court where the case was heard. At least 45 days after filing, a hearing will be scheduled to review the request. This period is to allow the prosecutor time to collect evidence and consult the police officers, witnesses, and victims. These will factor into their decision to grant the petitioner their request.

Is a Citizen's Arrest Legal in North Dakota?

It is legal for a private citizen to make an arrest in North Dakota under certain circumstances. That is for a public offense committed or attempted within the presence of the individual. Alternatively, it could be if the accused has committed a felony, but it was not in the presence of the citizen. The citizen should have reasonable cause to prove that the suspect committed the crime. However, private citizens making an arrest must inform the accused of the intention and cause behind the detainment.

That is unless the person to be arrested is currently committing the crime or fleeing and forcibly resists being taken into custody. A private person is only allowed to use force to arrest an offender in exigent circumstances. They must also submit the individual to law enforcement or the magistrate immediately to avoid litigation. In cases of mistaken identity as well, the private citizen may be liable for damages or prosecution.

How to Look Up Arrest Warrants in North Dakota

Interested parties may look up arrest warrants using any one of the following options:

Local Law Enforcement

Both the sheriff's office and local police departments generally keep an updated database of active warrants within the state. To get information on whether a person has an active warrant, contact any department and inquire about the required information to disclose the record. That may be photo identification and a valid connection to the party of interest. Depending on the county, they may also require a warrant search fee. The office can provide the warrant search results in person or online.

North Dakota Attorney General's Office

Requesters may access a person's criminal background through the Bureau of Criminal Investigations, which operates under the Attorney General's office. They will require basic forms of identification, relation and a $15 for the record check. Active warrants may also be included in the report.