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  1. Burleigh County Court
  2. Burleigh County Arrest Records

Burleigh County, North Dakota Arrest Records

Burleigh County arrest records are official documents that contain information about individuals apprehended by law enforcement agencies in the county. They are created after an arrest takes place by the arresting agency. Interested persons may review these records to find out pertinent information about an arrest, such as who was arrested, when they were arrested, and the reason for the arrest.

Generally, local law enforcement agencies serve as the primary custodians of Burleigh County arrest records. These include the Burleigh County Sheriff's Office and municipal police departments. The largest municipal police departments in the county are the Bismarck Police Department, which serves the county seat, and the Lincoln Police Department. These agencies usually report arrest records in their custody to the North Dakota Bureau of Criminal Investigation (BCI). Using these records and other criminal justice records, the BCI generates certain official reports, such as statewide crime statistics and crime reports. Burleigh County arrest records are also included in statewide criminal history records compiled by BCI.

Generally, separate laws govern the public dissemination of Burleigh County arrest records and North Dakota criminal history records. The latter is subject to NDCC. § 12-60-16.6, while North Dakota's Open Record Laws control the release of the former.

Are Arrest Records Public Information in Burleigh, North Dakota?

Yes. Burleigh County arrest records are considered public. Per North Dakota's Open Record Laws, codified in North Dakota Century Code § 44-04-18, all records of a public entity, including Burleigh County law enforcement agencies, are public, except as otherwise provided by law.

North Dakota's Open Records Law does not impose any residency requirement. Thus, anyone may access and obtain copies of Burleigh County arrest records and other public records regardless of where they live. Additionally, record seekers are not required to present a valid ID or provide a reason for requesting public arrest records.

What Do Public Burleigh County Arrest Records Contain?

In Burleigh County, public arrest records usually contain the following:

  • The arrestee's full name
  • Mugshot (if available)
  • Physical description:
    • Current age
    • Sex
    • Race
    • Height
    • Weight
    • Eye and hair color
  • Arrest details, such as arrest date, location, and arresting agency
  • Charge(s) details:
    • Description of the offense
    • Violated code
    • Classification of the charge(s) (i.e., misdemeanor or felony)
  • Booking information:
    • Booking time and date
    • Booking number
  • Bail/bond details:
    • Bond amount
    • Bond type (cash, personal recognizance, or surety)
    • Release date (if applicable)
  • Warrant information (if applicable)
  • Court details:
    • Court type
    • Court name
    • Case number

However, some of the information found in arrest records may be considered confidential and redacted before the record is made public. Additionally, certain arrest records are entirely exempt from public access under specific state or federal law or by court order. Some examples of these records and information include:

  • Juvenile offender's records (NDCC 27-20.2-23)
  • Social security number (NDCC 44-04-28)
  • Sealed or expunged arrest record
  • Records connected to an active investigation

Burleigh County, North Dakota Arrest Search

Interested persons may find Burleigh County arrest records by requesting a North Dakota criminal history record check on an individual through the state's Bureau of Criminal Investigation (BCI). A North Dakota criminal history record contains an individual's arrests and prosecution records. These are typically reported to BCI by local law enforcement agencies, state's attorneys, courts, parole and probation, and other criminal justice entities across the state, including those in Burleigh County.

A North Dakota criminal history record check may be conducted by name or fingerprints. Fingerprint-based checks are more precise compared to name-based checks. For instance, if an individual was arrested under a different name than the name listed on the request form, such arrests will not be included in the name-based check result. Meanwhile, a fingerprint-based check will identify all of an individual's arrests, regardless of the alias they may have been arrested under. Those who wish to conduct a fingerprint-based check may obtain fingerprints from a local law enforcement agency that provides fingerprinting services. Unfortunately, neither the Burleigh County Sheriff's Office nor the Bismarck Police Department currently provides fingerprinting for the public. However, the Bismarck Police Department lists local businesses that offer such services on the agency's Fingerprinting Services page.

Requesters require the following information about an individual to conduct a North Dakota criminal history record check:

  • The subject's full name, including former name, maiden name, and known aliases
  • Date of birth
  • Fingerprints or Social Security Number (SSN)
  • A signed authorization form or current address. If a signed authorization form is not provided, the BCI will mail a notice to the subject to notify them that their criminal history record has been released.

The BCI charges a $15 fee per request. However, eligible non-profit charitable organizations may request a reduced fee of $5 by submitting an Application for Reduction in Fee. Using the aforementioned required information, requesters may complete and sign the Request for Criminal History Record Information form and submit it along with the required fee by mail or in person to the BCI. Fees may be paid by check or money order, made payable to "North Dakota Attorney General," for mail-in requests. Meanwhile, exact cash, checks, and money orders are accepted for in-person requests. The BCI's mailing and physical address are provided in the request form, and it takes the agency 7 to 10 business days to process and complete a criminal history record check.

Record seekers may also find Burleigh County arrest records by reviewing local court records. Generally, court records of an arrest that resulted in a court case may contain some information about the arrest. Interested persons may visit local courts to request or access a court record through the court clerk's office or on-site computer terminals. Alternatively, they may use the North Dakota Courts Records Inquiry website. The website is searchable by case party name or filing date.

In cases where an individual was arrested in Burleigh County but detained by a federal or state agency, interested persons may use the agency's resources to find arrest information. For instance, information about individuals held in a federal correctional facility is accessible through the Federal Bureau of Prisons (BOP) Inmate Locator portal. Meanwhile, the North Dakota Department of Corrections and Rehabilitation (DOCR) Resident Lookup portal may be used to find information about state inmates. U.S. Immigration and Customs Enforcement (ICE) also offers an Online Detainee Locator System that provides information about individuals it has arrested and is currently holding in custody.

Burleigh County Inmate Locator

Information, including limited arrest details, about individuals currently held in Burleigh/Morton Detention Center is accessible through the facility's Inmate Search portal. The portal is searchable by inmate name (first and last name). Arrest information available on the portal includes an inmate's mugshot, arrest date, arresting agency, and charges. The facility is overseen in part by the Burleigh County Sheriff's Office, which may be contacted at:

514 East Thayer Avenue

Bismarck, ND 58501

P.O. Box 1416

Phone: (701)222-6651

Fax: (701)221-6899

How to Find Arrest Records for Free in Burleigh County

Interested persons may find arrest records for free in Burleigh County through local law enforcement agencies. They may visit these agencies during regular business hours to inspect public arrest records. Some agencies may permit free in-person inspection of public arrest records. However, most agencies charge a fee for furnishing copies of records to requesters. The fee is generally used to cover the agency's costs of making copies.

Some agencies also provide online resources containing information about recent arrests they have made. An example is the Bismarck Police Department's NewFlash page. Another viable way of finding arrest records for free in Burleigh County is through the Burleigh/Morton Detention Center's Inmate Search portal. However, only information about current county inmates and limited arrest details are accessible through the portal. Record seekers may also review court records through the North Dakota Courts Records Inquiry website to find arrest information connected to a court case for free.

Note: Record seekers typically must possess sufficient information to identify the sought-after record to enable their search. These may include the arrestee's name or arrest date. Additionally, confidential arrest records are usually not accessible through free resources.

Burleigh County Arrest Report

A Burleigh County arrest report is an official document, written from the perspective of an arresting officer, that describes the circumstances surrounding an arrest. It may contain the following details:

  • The arresting officer's observations
  • Description of any evidence collected
  • Witness statements
  • The arrestee's behavior during the arrest.
  • What happened during and after the arrest

On the other hand, an arrest record is a more concise document. It typically contains a summary of factual information about an arrest. These may include but are not limited to the arrestee's personal information, arrest details (i.e., arrest date, time, and location), charge(s) information, and booking details. These records are usually entered into criminal justice agencies' custodial and case management systems.

How to Get an Arrest Record Expunged in Burleigh County

In Burleigh County, an arrest record may be eligible for expungement in limited circumstances. These include but are not limited to the following:

  • An arrest that led to a conviction of prostitution, misdemeanor forgery, misdemeanor theft, insufficient funds or credit offenses, manufacture or possession of controlled or counterfeit substances offenses, or drug paraphernalia offenses where the defendant committed the offense as a direct result of being a victim of human trafficking (NDCC Section 12.1-41-14)
  • An arrest resulting in a first-time offense for possession of one ounce or less of marijuana conviction, provided the defendant does not have another conviction within two years (NDCC Section 19- 03.1-23)
  • An arrest that was made unconstitutionally, provided charges were dismissed or the conviction was overturned.

It is generally advisable to consult a licensed attorney to determine whether an arrest record is eligible for expungement and to get expert guidance on filing a motion or petition for expungement. Notwithstanding, individuals who were unconstitutionally arrested may ask a court to expunge their arrest record by drafting and filing an expungement petition. Meanwhile, those who were convicted for possession of one ounce or less of marijuana or offenses committed as a direct result of being a victim of human trafficking may file a motion for expungement in their existing criminal case.

Applicants may also need to submit a certified copy of their criminal history record from the North Dakota Bureau of Criminal Investigation (BCI) along with their motion or petition for expungement. Subsequently, a hearing will be scheduled, during which a judge will decide whether to grant or deny their request. If the request is granted, an expungement court order will be issued and forwarded to relevant agencies, such as the arresting agency and BCI. Interested persons may review the North Dakota Legal Self Help Center Expungement PDF for more information about the record expungement process.

How Do You Remove Burleigh County Arrest Records From the Internet?

Interested persons may get a Burleigh County arrest record removed from the internet, especially from government-owned websites, by petitioning or motioning a court to expunge or seal the record. Generally, expunged and sealed records are protected from public disclosure. As a result, government and private entities are legally required to remove all expunged and sealed records from their websites as soon as they are notified.

Although this applies solely to third-party websites, submitting an opt-out request is another way to get a Burleigh County arrest record removed from a specific third-party website. Most third-party websites allow individuals to submit opt-out requests to get their public records removed from the website's databases. Some sites may provide an online opt-out request form that requesters may complete and submit. Others may accept requests via a dedicated email or phone number they provide.