North Dakota’s open records laws make all records of a public entity open to the public unless otherwise protected by law. Records can be requested by the media (television, newspaper, bloggers) and any other interested member of the public – including the defendant.
Under Marsy’s Law, a victim has the right to prevent disclosure of information or records that reasonably could be used to locate or harass the victim or the victim’s family, or which disclose confidential or privileged information about the victim, and the right to be notified of any request for such information.
You must assert your right in order to prevent disclosure of this information.
If you assert your right, the following information is protected and cannot be publicly released, even after the criminal case is done:
- Your home address, telephone number(s), email address(es), or other information that could reasonably be used to locate you OR a member of your family. This includes references to a building where you work.
- Any information or records that are confidential or otherwise protected by law (for example, medical records, driver’s license number, social security number, etc.).
Even if you assert your right, your NAME can still be released to the public (including the media) UNLESS you are a victim of domestic violence, human trafficking, a sexual assault or other sex crime, or you are a minor.
Right to be Notified
In order to receive notification of a request for your information, you must provide up-to-date contact information to the prosecuting attorney’s office.