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Is North Dakota a Public Records State?

Indeed, North Dakota is a public records state. The North Dakota Open Records Statute guarantees that all government records and information are accessible to the public, except where exempted by law. This statute ensures transparency by allowing individuals to gather, obtain, and examine public records without having to disclose the reason for their request or any personal information, provided the records are not confidential by law or court order. The North Dakota State Records repository includes criminal records, court records, vital records, and more, totaling over 7 million public records.

What is Public Information in North Dakota?

Public records in North Dakota encompass a wide range of documents and information. According to the North Dakota Open Records Statute, public records include:

  • Arrest records and mugshots
  • Marriage records
  • Divorce records
  • Inmate records
  • Court records
  • Bankruptcy records
  • Sex offender information

These records can exist in various formats, such as written documents, audio files, videos, and digital files. Individuals can request these records from the designated custodians, who may provide them in different forms, including emails, computer files, and physical documents. Some agencies offer online tools for public data searches, which may be free or require a nominal fee.

How Do I Look Up Public Records in North Dakota?

To access public records in North Dakota, follow these steps:

  • Identify the Record Type and Custodian
    Determine the specific record needed and locate the agency responsible for maintaining it. For example, inmate records are available through the North Dakota Department of Corrections, while vital records can be obtained from the North Dakota Department of Health and Human Services Vital Records Office. Providing accurate details will facilitate the quick retrieval of records. Incorrect or vague information may result in delays or denials.

  • Contact the Government Entity or Custodian
    Reach out to the appropriate custodian. For instance, the district court clerk manages criminal and civil court records, while county clerks handle marriage records. Contacting the custodian in advance can confirm the record's availability before making a formal request. Most government agencies list their contact details on their websites.

  • Submit an Official Request
    Once the record and custodian are identified, make the request in person, by mail, fax, or telephone. Although North Dakota law does not mandate written requests, providing a clear description of the record is essential. If the request is unclear, the agency may ask for a written clarification, causing delays. Agencies may charge for copies and the time taken to locate and redact the records if necessary.

Utilizing Third-Party Resources for North Dakota Public Records Obtaining

Third-party websites also offer access to public records. These platforms are not geographically limited and provide expansive search tools. To use these services, users typically need to provide:

  • The name of the person involved in the record (must not be a juvenile)
  • The location or assumed location of the document or person involved
  • A case number or file number (if known)

These third-party sites are independent of government agencies, so the availability and accuracy of records may vary.

How To Look Up Public Records in North Dakota for Free?

Accessing public records for free in North Dakota depends on the type of record and the agency maintaining it. For instance, the North Dakota Courts Records Inquiry system (NDCRI) allows online access to court records. Many district court clerk offices have public access terminals for free record viewing.

The North Dakota Department of Corrections and Rehabilitation (DOCR) provides free access to inmate records through the Resident’s lookup. Additionally, the North Dakota Sex Offender Registry offers a search tool for free access to sex offender information. Submitting requests at the custodian’s office or checking online databases are effective ways to look up public records for free in North Dakota.

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