Your Comprehensive Guide to North Dakota Public Records

North Dakota Public Records

Public records in North Dakota are documents and information created, collected, or maintained by government agencies in the course of their official duties. These records serve as a vital resource for citizens seeking information about government operations, property ownership, vital statistics, court proceedings, and other official matters. Access to these records is governed by North Dakota's open records laws, which establish the public's right to transparency in government operations.

Are North Dakota Records Public?

Yes, most North Dakota government records are considered public under state law. North Dakota has one of the most transparent public records laws in the United States. According to the North Dakota Century Code (NDCC) Chapter 44-04, specifically section 44-04-18, all records of public entities and nongovernmental organizations that receive public funds are open to the public unless specifically declared confidential or exempt by law.

The North Dakota Constitution also reinforces this commitment to transparency in Article XI, Section 6, which states: "Unless otherwise provided by law, all records of public or governmental bodies, boards, bureaus, commissions, or agencies of the state or any political subdivision of the state, or organizations or agencies supported in whole or in part by public funds, or expending public funds, shall be public records, open and accessible for inspection during reasonable office hours."

What Information Is Included in North Dakota Public Records?

North Dakota public records encompass a wide range of information created or maintained by government entities, including:

• Vital Records: Birth certificates, death certificates, marriage licenses, and divorce records
• Property Records: Deeds, mortgages, liens, property tax assessments, and land records
• Court Records: Civil and criminal case files, court calendars, judgments, and sentencing information
• Business Records: Corporate filings, business licenses, and professional licenses
• Government Operations: Meeting minutes, budgets, expenditures, contracts, and correspondence
• Law Enforcement Records: Incident reports, arrest records, and jail records (with some exceptions)
• Voter Registration: Voter lists and election results
• Motor Vehicle Records: Vehicle registrations and driver's license information (with privacy protections)
• Tax Records: Property tax assessments and certain tax filings
• Environmental Records: Permits, inspections, and compliance reports
• Education Records: School district budgets and policies (not individual student records)

These records provide valuable information for research, verification, legal proceedings, and monitoring government activities.

What Does the North Dakota Public Records Law Do?

The North Dakota open records law, primarily codified in NDCC Chapter 44-04, establishes several key provisions:

1. Presumption of Openness: All government records are presumed open unless specifically exempted by law.

2. Right of Access: Any person has the right to inspect and copy public records during normal business hours.

3. Response Requirements: Agencies must respond to records requests promptly and within a reasonable time.

4. Format Options: Records must be provided in the requested format if reasonably possible.

5. Fee Limitations: Agencies may charge reasonable fees for copies but not for inspection of records.

6. Exemptions Framework: The law defines specific categories of records that may be confidential or exempt.

7. Enforcement Mechanisms: The law provides remedies for denied requests, including appeals to the Attorney General.

The North Dakota open records law works in conjunction with the open meetings law to ensure transparency in government operations. Together, these laws form the foundation of government accountability in the state.

How To Find Public Records in North Dakota in 2025

Accessing public records in North Dakota can be accomplished through several methods:

1. Direct Agency Contact: Identify the specific agency that maintains the records you seek and submit a request directly to that agency. Many agencies have designated records custodians.

2. Online Portals: Many North Dakota government agencies now provide online access to public records through dedicated portals. For example:

   • The Secretary of State offers business records through FirstStop
   • Court records can be accessed through North Dakota Courts Records Inquiry
   • Property records are often available through county websites

3. In-Person Requests: Visit the relevant agency during business hours to request records in person.

4. Written Requests: Submit a written request by mail, email, or fax. While North Dakota law does not require requests to be in writing, a written request creates documentation of your request.

5. North Dakota Open Records Portal: The state has developed a centralized portal for submitting and tracking public records requests to multiple agencies at https://attorneygeneral.nd.gov/open-records-meetings

When making a request, be as specific as possible about the records you seek, including relevant dates, names, and document types. This helps agencies locate the information efficiently.

Does North Dakota Have Free Public Records?

North Dakota law allows for free inspection of public records during normal business hours. Anyone can visit a government office and view public records without charge. However, agencies may charge reasonable fees for:

1. Making copies of records
2. Converting records to different formats
3. Redacting confidential information
4. Staff time for locating and preparing extensive records

Some records are also available for free through online portals, particularly those of high public interest or frequently requested. For example, many court dockets, business entity searches, and property assessment information can be accessed online at no cost.

How Much Does It Cost To Get Public Records in North Dakota?

Costs for obtaining public records in North Dakota vary depending on the agency, record type, and request complexity:

• Copy Fees: Agencies may charge for the actual cost of making copies, typically $0.25 to $1.00 per page for paper copies.

• Electronic Records: Fees for electronic records should reflect the actual cost of providing the records in electronic format.

• Staff Time: For requests requiring more than one hour of staff time, agencies may charge for the time spent locating, redacting, and preparing records. The rate is typically based on the hourly wage of the lowest-paid employee capable of performing the task.

• Specialized Formats: Additional fees may apply for specialized formats or media.

• Vital Records: Certified copies of birth, death, marriage, and divorce certificates have standardized fees set by the North Dakota Department of Health, typically ranging from $7 to $15 per copy.

Agencies must provide an estimated cost before proceeding with requests that will incur substantial fees. If the estimated cost exceeds $25, agencies may require advance payment.

How Long Does It Take to Obtain Public Records in North Dakota?

North Dakota law requires agencies to provide records within a "reasonable time." What constitutes reasonable time depends on factors such as:

• The volume of records requested
• The complexity of the request
• The need for legal review or redaction
• Available staff resources
• The format of the records

For simple, readily available records, responses may be provided within a few days. More complex requests involving extensive records or requiring redaction may take several weeks. If a request will take an extended period to fulfill, the agency should provide an estimated timeframe.

North Dakota law does not specify a maximum time limit for responding to records requests, but unreasonable delays can be appealed to the Attorney General's office.

What Records Are Confidential In North Dakota?

While North Dakota has a strong presumption of openness, certain records are confidential or exempt from disclosure under state law. These include:

• Personal Information: Social Security numbers, financial account numbers, and certain personal identifiers
• Medical Records: Individual medical and health information
• Juvenile Records: Most records related to juvenile court proceedings
• Ongoing Investigations: Records related to active criminal investigations
• Attorney-Client Communications: Legal advice and attorney work product
• Trade Secrets: Proprietary business information and trade secrets
• Student Records: Individual student records protected by FERPA
• Personnel Records: Certain employee evaluations, personal information, and disciplinary records
• Security Information: Records that would jeopardize public safety if disclosed
• Victim Information: Identifying information about victims of certain crimes
• Child Welfare Records: Records related to child protection services
• Tax Return Information: Individual and business tax returns

These exemptions are specifically defined in various sections of the North Dakota Century Code, particularly in NDCC 44-04-18.1 through 44-04-18.32.

Who Has the Right To Request Public Records in North Dakota

North Dakota's open records law grants access rights to "any person." This broad definition means:

• North Dakota residents
• Out-of-state residents
• Foreign nationals
• Media organizations
• Businesses and corporations
• Nonprofit organizations
• Government agencies
• Incarcerated individuals

The law does not require requesters to:

• Provide identification
• State the reason for their request
• Be a citizen of North Dakota or the United States
• Be of legal age (minors can request records)

This inclusive approach reflects North Dakota's commitment to government transparency and accountability to all persons, regardless of their status or purpose for seeking information.

What Can Be Done With Public Records in North Dakota

Public records obtained in North Dakota can be used for various legitimate purposes:

• Research and Investigation: Journalists, researchers, and citizens can use public records to investigate government operations and conduct research.

• Legal Proceedings: Attorneys and litigants can use public records as evidence in court cases or to prepare legal strategies.

• Business Purposes: Companies can use public records for market research, property development planning, or competitive analysis.

• Personal Matters: Individuals can use records for genealogical research, property transactions, or verifying information.

• Government Accountability: Citizens and watchdog groups can monitor government spending, decision-making, and compliance with laws.

• Academic Research: Scholars can analyze public records for academic studies and publications.

• Commercial Compilation: Records can be compiled into databases or information products, though some records have restrictions on commercial use.

While North Dakota law places few restrictions on the use of properly obtained public records, users should be aware that other laws (such as privacy, copyright, or defamation laws) may limit certain uses of the information contained in public records.

Key Agencies and Departments for Public Records in North Dakota

North Dakota Secretary of State
600 E Boulevard Avenue, Dept 108
Bismarck, ND 58505-0500
(701) 328-2900
North Dakota Secretary of State

North Dakota Department of Transportation
608 E Boulevard Avenue
Bismarck, ND 58505-0700
(701) 328-2500
North Dakota Department of Transportation

North Dakota Department of Health - Vital Records
600 E Boulevard Avenue, Dept 301
Bismarck, ND 58505-0200
(701) 328-2360
North Dakota Department of Health

North Dakota Bureau of Criminal Investigation
4205 State Street
Bismarck, ND 58503
(701) 328-5500
North Dakota Bureau of Criminal Investigation

North Dakota Supreme Court
600 E Boulevard Avenue, Dept 180
Bismarck, ND 58505-0530
(701) 328-2221
North Dakota Courts

North Dakota State Archives
612 E Boulevard Avenue
Bismarck, ND 58505-0830
(701) 328-2091
North Dakota State Archives

North Dakota State Library
604 E Boulevard Avenue, Dept 250
Bismarck, ND 58505-0800
(701) 328-4622
North Dakota State Library

North Dakota Department of Commerce
1600 E Century Avenue, Suite 2
Bismarck, ND 58503
(701) 328-5300
North Dakota Department of Commerce

North Dakota Job Service
1000 E Divide Avenue
Bismarck, ND 58506-5507
(701) 328-2825
Job Service North Dakota

North Dakota Department of Public Instruction
600 E Boulevard Avenue, Dept 201
Bismarck, ND 58505-0440
(701) 328-2260
North Dakota Department of Public Instruction

North Dakota Department of Environmental Quality
918 E Divide Avenue, 4th Floor
Bismarck, ND 58501-1947
(701) 328-5150
North Dakota Department of Environmental Quality

North Dakota Game and Fish Department
100 N Bismarck Expressway
Bismarck, ND 58501-5095
(701) 328-6300
North Dakota Game and Fish Department

North Dakota Office of the State Tax Commissioner
600 E Boulevard Avenue, Dept 127
Bismarck, ND 58505-0599
(701) 328-7088
North Dakota Office of State Tax Commissioner

North Dakota Legislative Council
State Capitol, 600 E Boulevard Avenue
Bismarck, ND 58505-0360
(701) 328-2916
North Dakota Legislative Branch

North Dakota Attorney General's Office
600 E Boulevard Avenue, Dept 125
Bismarck, ND 58505-0040
(701) 328-2210
North Dakota Attorney General

North Dakota Housing Finance Agency
2624 Vermont Avenue
Bismarck, ND 58504-7535
(701) 328-8080
North Dakota Housing Finance Agency

City of Fargo Clerk's Office
225 4th Street North
Fargo, ND 58102
(701) 241-1246
City of Fargo

City of Bismarck Administration
221 N 5th Street
Bismarck, ND 58501
(701) 355-1300
City of Bismarck

How to Appeal a Denied Public Records Request in North Dakota

If your request for public records in North Dakota is denied, you have several options for appeal:

1. Informal Resolution: Contact the agency to clarify your request or address any misunderstandings that may have led to the denial.

2. Request Written Explanation: Ask the agency to provide a written explanation citing the specific statutory provision that justifies the denial, as required by NDCC 44-04-18(7).

3. Attorney General Opinion: File a request for an opinion from the North Dakota Attorney General's Office. This is a free and relatively quick process:

   • Submit your request within 30 days of the alleged violation
   • The Attorney General must issue an opinion within 30 days (with possible 15-day extension)
   • Opinions are legally binding unless overturned by a court

4. Judicial Review: File a lawsuit in district court challenging the denial. The court can:

   • Order the release of wrongfully withheld records
   • Award attorney fees and costs if you substantially prevail
   • Impose civil penalties for knowing violations

5. Mediation: In some cases, the North Dakota Department of Labor and Human Rights can provide mediation services for records disputes.

For assistance with the appeal process, you can contact:

North Dakota Attorney General's Office - Open Records Division
600 E Boulevard Avenue, Dept 125
Bismarck, ND 58505-0040
(701) 328-2210
Open Records and Meetings

Difference Between Federal and North Dakota Public Records

Jurisdiction Federal public records are governed by the Freedom of Information Act (FOIA) (5 U.S.C. § 552) and apply only to U.S. federal executive branch agencies. North Dakota’s access laws are outlined in the North Dakota Open Records Law (N.D.C.C. § 44-04-18), which applies to state agencies, counties, cities, school districts, and other political subdivisions. FOIA does not apply to state or local records, and the North Dakota Open Records Law cannot be used to obtain federal records.

Exemptions FOIA contains nine exemptions, including protections for national security, trade secrets, and personal privacy. North Dakota’s Open Records Law also contains specific exemptions and exceptions, such as:

• Active criminal investigative records
• Attorney–client privileged communications
• Trade secrets and proprietary business information
• Records declared confidential by other state or federal laws
• Certain personal information about employees or citizens
• Security and emergency response plans that could jeopardize safety

Right to Request Under FOIA, any person, regardless of citizenship or residency, can request federal records. North Dakota law also allows any person to request state or local public records without a residency requirement, and requesters do not need to state a reason for their request.

Response Timelines FOIA requires federal agencies to respond within 20 business days, subject to extensions in complex cases. In North Dakota, agencies must respond to a request for records within a reasonable time—usually interpreted as promptly, depending on the size and complexity of the request, but without a fixed statutory deadline.

Appeals and Enforcement FOIA provides for an administrative appeal process within the federal agency, followed by the ability to file suit in U.S. District Court. In North Dakota, if an agency denies a records request, the requester may seek a review from the North Dakota Attorney General’s Office by submitting a written complaint within 30 days of the denial. The Attorney General will issue an opinion determining whether the agency violated the law. If the agency still refuses to release the records, the requester may file suit in state district court.

Penalties for Non-Compliance Under FOIA, courts may order agencies to release records and award attorney’s fees, but no direct fines are imposed. In North Dakota, if a public entity willfully violates the Open Records Law, courts may award costs, disbursements, and attorney’s fees to the requester. Agencies may also be required to pay damages for intentional violations.

Legal References

• Federal Law: Freedom of Information Act (FOIA) – 5 U.S.C. § 552
• State Law: North Dakota Open Records Law – N.D.C.C. § 44-04-18
• North Dakota Attorney General – Open Records and Meetings: State Capitol, 600 E. Boulevard Avenue, Dept. 125, Bismarck, ND 58505-0040. Phone: (701) 328-2210. North Dakota Attorney General

All Public Records Categories