By law, North Dakota criminal history record information can be obtained only from BCI. There are two types of requests for a criminal history record check – “criminal justice” and “non criminal justice.”
A criminal justice agency (i.e. law enforcement, state’s attorney) receives all information on the criminal history record. All other requests for criminal history information, including requests from private investigators, are considered “non criminal justice” requests. State law limits the criminal history record information available for release for non criminal justice (public) purposes. For example, dismissed charges may only be released for non criminal justice purposes for 3 years.
A criminal history record check may be name-based or fingerprint based. A name-based search will NOT identify records if the individual was arrested under a different name from the name(s) listed on the record request form. A fingerprint-based search will identify arrest records EVEN if the individual used an unknown alias.
- Criminal Justice Agency Requests
Local law enforcement agencies have direct electronic access, for criminal justice purposes, to state and federal criminal records. Local law enforcement agencies can run a name/DOB search but not a fingerprint based search. All fingerprint based searches must be submitted to the BCI. By law, a criminal justice agency may not release criminal history record information to the public.
- Non Criminal Justice Agency (Public) Requests
A non-criminal justice record check will provide North Dakota records of:
- Convictions (regardless of how old).
- Charges that were dismissed, or did not result in conviction, or do not have a court disposition, and are less than three years old.
- Jail or prison custody records less than three years old.
- Other reportable events less than three years old.
A sample “rap sheet” can be viewed at: Rap Sheet
Before a record may be released, the subject’s name and at least two additional items of information on the request form must match the data in the criminal history record system. When the record check is completed, the criminal history records will be released to the requester.
If no criminal record is found or the information is not releasable, the requester receives a notice which states “No information is available because either no information exists or dissemination is prohibited.”
- Some information may not be releasable if it is more than three years old. Dismissed charges are one example.
- A request for records based on a name (rather than fingerprint) search may result in a notice that information is not available - even if North Dakota criminal records exist. State law requires the identifying information on the request form to match exactly with the identifying information on the criminal record in order for the criminal history information to be released.
The record check does NOT include:
- Charges that were dismissed, or did not result in conviction, or do not have a court disposition that are more than three years old.
- Jail or prison custody records more than three years old.
- Other reportable events more than three years old.
- Juvenile records
- Federal records
- Records from other states (BCI can provide contact information to request records from other states. Each state has different fees and requirements for release of records.)
- Most traffic offenses (Contact the ND Department of Transportation for traffic records.)
- Civil judgments (Contact the clerk of court)
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