Information included on the Record Check
There are two types of non-law enforcement criminal history record checks:
- A general public record check: used by prospective landlords, private employers, and others;
- A regulatory or licensing record check: required by state law for individuals who are applying for licensure from a state agency, board or commission, for entry into certain types of professional licensing academic programs, and for certain state and local entities with authority under N.D.C.C. § 12-60-24(2).
General Public Record Check
A general public record check provides 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.
- When a deferred charge is dismissed, the charge continues to be reported on a record check for three years from the dismissal date, even if the court record has been sealed.
- Jail or prison custody records less than three years old.
Not included in a general public record check:
- Charges that were dismissed, 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;
If no criminal record is found or the information is not releasable, the requester will receive a notice stating "No information is available either because no information exists or dissemination is prohibited."
Note: even if the information is too old to be included on the general public criminal history record check, it is always available to a regulatory/licensing criminal history record check and to law enforcement officials.
Regulatory/Licensing Record Checks
Regardless of how old the information is, a regulatory/licensing criminal history record check provides North Dakota records of:
- Charges that were dismissed, or did not result in conviction, or do not have a court disposition.
- Jail or prison custody records.
Information Not Included on Record Checks
The following information is not available on a North Dakota record check (even for a law enforcement record check):
- Juvenile records;
- Federal records;
- Most traffic offenses (Contact the ND Department of Transportation);
- Civil judgments (Contact the Courts);
- Records from other states
- Tribal records.