Understanding the Criminal History Record Results

Information included on the Record Check

There are two types of non-law enforcement criminal history record checks:

  1. A general public record check: used by prospective landlords, private employers, and others;
  2. 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 for three years from the dismissal date.
  • 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:

  • Convictions. 
  • 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.