North Dakota Court Records Search

North Dakota Court Records & Case Lookup

Annually, the North Dakota judiciary handles over 150,000 cases. The cases include over 25,000 criminal cases, nearly 30,000 criminal cases, and nearly 100,000 traffic cases, making up a significant amount of the judiciary's caseload.

Unless classified as confidential information or exempt under the North Dakota Supreme Court Administrative Rules, court records in North Dakota are public information. Public access to court records is also subject to federal laws, state laws, and court orders, which may restrict access to such records. Court records restricted by law include sealed records and court records involving juveniles.

Anyone interested in looking up a case or court record in North Dakota has multiple options to do so. North Dakota maintains a unified online database for court records of state courts. Interested persons may visit the online database or the clerk's office of the relevant court where the case was filed or decided.

State of North Dakota Court System

The North Dakota Court system comprises a three-level court system that includes the Supreme Court, the District Court, and the Municipal Courts.

The Supreme Court is the apex court in North Dakota. It primarily plays an appellate role, deciding appeals of District Courts' decisions. The Supreme Court's decisions on appeals are final. In addition, the Supreme Court is the administrative head of North Dakota's judiciary, issuing rules and guidelines for courts in the state.

The District Court primarily operates as the state's trial court. To facilitate court administration, North Dakota has District Court services in all 53 counties.

North Dakota Trial Courts

Trial courts in North Dakota are courts that exercise original jurisdiction over cases. This means that the court hears the case for the first time, receives case filings and submissions, evidence, and issues an order, ruling, or judgment.

The North Dakota District Court is the state's trial court, unless in specific cases where the Municipal Court has jurisdiction:

District Courts in North Dakota

In North Dakota, the District Court has a general jurisdiction. The court has jurisdiction over all civil cases and exclusive jurisdiction in criminal cases. It also serves as the state's juvenile court, hearing cases involving minors alleged to be unruly, delinquent, or deprived.

In addition, District Courts have appellate jurisdiction over the decisions of administrative agencies. In exercising its appellate jurisdiction, the District Court only reviews the record of the administrative proceeding conducted by the administrative agency and does not retry the case.

Municipal Courts in North Dakota

Municipal Courts are courts of limited jurisdiction and only have authority to decide violations of municipal ordinances. However, this jurisdiction does not extend to violations involving minors.

Municipalities in North Dakota with a population of less than 5,000 people may choose not to establish a Municipal Court. In such situations, the Municipality can contract with the state to provide municipal ordinance violation court services.

What are the Specialty Courts in North Dakota?

Specialty courts refer to courts with limited jurisdiction and judicial programs over specific, and often sensitive or personal, matters. These courts aim to assist certain affected and vulnerable persons manage their situation and avoid lives of crime. Some specialty courts are also established to facilitate the administration of justice.

There are several Specialty Courts across North Dakota counties, although these courts broadly fall under any of the following categories:

• Alternative Dispute Resolution
• Domestic Violence Court
• Juvenile Court
• Juvenile Drug Court
• Adult Hybrid DWI/Drug Court

North Dakota Court Records vs. Federal Court Records

Court records broadly refer to all documents submitted to or generated by a court, usually to decide a case or for other lawful purposes. These documents include case filings, evidence, documents, court orders, rulings, or judgments, and records of proceedings.

The key difference between North Dakota court records and federal court records is the court, which is the source of the record. North Dakota court records refer to records generated by the state's various courts. This includes records of civil cases (small claims, torts, contracts), criminal cases, family cases (marriages, divorces, adoptions), and probate cases (wills and trusts).

However, federal court records are generated by federal courts operating within North Dakota and primarily include records of bankruptcy cases, cases involving the interpretation of federal law, and cases in which the United States is a party.

Most North Dakota court records are accessible online through the state's Case Search and Payment Processing Portal or in person at the clerk's office of the relevant court.

Similarly, interested persons may access and obtain federal court records through the Public Access to Court Electronic Records (PACER) database, a federal court records database, or by visiting the court clerk's office in person.

What Are Public and Non-Public Court Records in North Dakota?

North Dakota court records are generally available to the public. Unless treated as confidential, exempt, or restricted by state laws or court orders, interested persons may access them and obtain copies.

In most cases, court records may be restricted from public access because they contain sensitive information, may compromise the integrity of an ongoing investigation, or for privacy and public safety concerns. In such cases, the court clerk will inform the person seeking to access or obtain copies of the court records and the extent to which they may access such records:

How To Seal or Expunge North Dakota Court Records

Chapter 12-60.1 of the North Dakota Century Code makes provisions for the process and procedure for sealing court records in North Dakota. A person can only apply to have their records sealed if:

• The individual pled guilty to or was found guilty of a misdemeanor offense and the individual has not been convicted of a new crime for at least three years before filing the petition; or
• The individual pled guilty to or was found guilty of a felony offense and the individual has not been convicted of a new crime for at least five years before filing the petition; or
• In the case of a DUI, they pled guilty or accepted the conviction and have not committed any subsequent violations in seven years.

Note that the following persons cannot file a petition for record sealing:

• A person who commits a felony offense involving violence or intimidation during the period in which they are ineligible to possess a firearm
• A sexual offender or a person who commits an offense requiring registration under section 12.1-32-15 of the North Dakota Century Code.

A sealed court record is restricted from public access. However, unlike record sealing, expungement entails deleting and destroying the expunged record. This means that the expunged records are permanently deleted from the relevant person's criminal history and records.

How To Seal Court Records in North Dakota

A person may apply to have their records sealed by filing a petition with the court that decided the case. The person, also referred to as the "Petitioner", must also file, together with the petition, a proposed order for the court's consideration. The filed petition must be served on the prosecuting counsel.

Following the filing of the petition, the court will set it down for hearing and thereafter issue a decision. The earliest hearing date is usually 45 days after the filing of the petition.

The court typically considers certain factors when deciding the petition, such as the severity of the crime, the risk posed by the petitioner, and the petitioner's conduct since the crime. If the judge is satisfied, the records will be ordered as sealed. If the judge is not satisfied, the court will deny the petition.

If the denial is by a Municipal Court judge, you may appeal to the District Court. The District Court's decision on such matters is final.

How To Expunge Court Records in North Dakota

Expungement of court records in North Dakota is limited to very specific circumstances and records, such as:

• Records of a victim of human trafficking;
• Records of possession of one ounce or less of marijuana (of which it was a first-time offense and the person has no subsequent convictions within two tears);
• Records of Juvenile court cases;
• Records of DNA; or
• Records of unconstitutional arrests (of which the charges were dismissed or the arrest was deemed unconstitutional).

A person may apply to have their records expunged by filing a motion seeking an order of expungement. The North Dakota judiciary does not have specific fillable forms or documents to assist with this process. An applicant may adopt any motion template in the Appendix of Forms of the North Dakota Rules of Criminal Procedure.

Upon filing the motion, the applicant must serve the filed motion on the relevant counterparty, which may, for example, be the prosecuting counsel or the State Crime Laboratory in the case of DNA records.

Thereafter, the court clerk informs the parties of a hearing date. On the hearing date, the court will examine the motion and other submissions and issue a decision.

Due to the possible complexities of the filings and submissions, it is recommended that applicants engage the services of a licensed attorney.

How Do You Access State of North Dakota Court Records?

North Dakota court records are largely available online through a state-maintained unified online database. Records that are unavailable on this online database may be obtained at the relevant court by visiting the court clerk's office.

Online Access to North Dakota Court Records

The North Dakota unified online database has court records of District and Municipal Courts across the state. The website also allows interested persons to search by county, case type, party information, date filed, and other helpful search filters.

However, while most court records are available on this database, the records for each county date back to varying dates. This is because the case history for each county is limited to the period that the county began using the system, as outlined in the database's explanatory note.

In-Person Access to State of North Dakota Court Records

As an alternative to the unified online database, interested persons may access North Dakota court records in person by visiting the office of the relevant court clerk.

The court clerks typically require that a person requesting access to court records submit their request in writing. The written request must also contain as much information about the case as possible, such as the parties, case number, judge, filing date, or any other helpful information. Additionally, you may be required to pay certain fees to access or obtain the requested records.

How To Request Judicial Administrative Records

Requests for judicial administrative records in North Dakota may be directed to the office of the Judiciary's State Court Administrator. You may confirm the contact information of the relevant official and send your request by email.

How To Access Older and Archived Court Records in North Dakota

In North Dakota, older or archived court records may be accessed by visiting the office of the clerk of the relevant court.

Note that in addition to the general requirements for accessing court records, each court might have its administrative rules regulating access to archived or older court records. It is helpful to contact the relevant court clerk to confirm this before your in-person visit.