Burleigh County Public Records

What Are Public Records in Burleigh County?

Public records in Burleigh County are defined as records, regardless of physical form, created or received by governmental entities in the transaction of public business, as established under the North Dakota Open Records Law (N.D.C.C. § 44-04-17.1). These records are generally accessible to the public unless specifically exempted by law.

Burleigh County maintains numerous types of public records, including:

Court Records: Civil, criminal, probate, and family court cases are maintained by the Burleigh County District Court, part of the South Central Judicial District. These include judgments, filings, and case dispositions.
Property Records: The Burleigh County Recorder's Office maintains deeds, mortgages, liens, easements, and other land records. Property assessment information is available through the County Assessor's office.
Vital Records: Birth, death, marriage, and divorce certificates are maintained by the North Dakota Department of Health and Human Services. Historical vital records may also be available through the State Archives.
Business Records: Business licenses, permits, and fictitious name registrations can be accessed through the North Dakota Secretary of State.
Tax Records: Property tax information, assessment records, and tax payment histories are maintained by the Burleigh County Treasurer and Assessor offices.
Voting and Election Records: Voter registration information and election results are maintained by the Burleigh County Auditor/Treasurer's office.
Meeting Minutes and Agendas: Records of county commission meetings, board proceedings, and other governmental bodies are maintained by the respective agencies.
Budget and Financial Documents: County financial records, budgets, expenditures, and audit reports are available through the County Auditor's office.
Law Enforcement Records: Certain police reports, arrest logs, and incident reports may be available through the Burleigh County Sheriff's Department, subject to privacy restrictions.
Land Use and Zoning Records: Building permits, zoning applications, and land use plans are maintained by the County Planning Department.

Is Burleigh County an Open Records County?

Yes, Burleigh County fully complies with the North Dakota Open Records Law as codified in N.D.C.C. § 44-04-18, which establishes that "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 open to the public."

The law specifically states that "Except as otherwise specifically provided by law, all records of a public entity are public records, open and accessible for inspection during reasonable office hours." This provision ensures transparency in government operations throughout North Dakota, including Burleigh County.

Burleigh County government offices adhere to these state requirements and have established procedures for responding to public records requests in a timely manner. The county follows the statutory requirement that records must be provided "within a reasonable time" of the request.

Additionally, the county complies with North Dakota's open meetings laws (N.D.C.C. § 44-04-19), which require that meetings of public bodies be open to the public with proper notice given. These "sunshine laws" work in conjunction with open records provisions to ensure government transparency.

How to Find Public Records in Burleigh County in 2026

Members of the public seeking records in Burleigh County may follow these steps to obtain the information they need:

Identify the appropriate office: Determine which county department maintains the records you seek. For court records, contact the Burleigh County District Court; for property records, contact the County Recorder; for vital records, contact the North Dakota Department of Health and Human Services.
Submit a written request: While verbal requests are permitted under state law, written requests are recommended for documentation purposes. Include specific information about the records sought, such as names, dates, and document types.
Use online resources when available: Many records are accessible through online portals:
- Court records can be searched through the North Dakota Courts Records Inquiry
- Property records may be available through the County Recorder's online system
- Business records can be searched via the Secretary of State's business search portal
Visit in person: For records not available online, visit the appropriate county office during regular business hours. Staff can assist with locating and copying records.
Submit a formal records request: For complex requests or records not readily available, submit a formal public records request. The City of Bismarck (county seat) provides an online request form that can serve as a model.
Follow up as needed: If your request is delayed or denied, you may need to follow up with the agency. Under state law, denials must cite the specific statutory exemption that applies.

How Much Does It Cost to Get Public Records in Burleigh County?

Pursuant to N.D.C.C. § 44-04-18, Burleigh County may charge reasonable fees for providing copies of public records. The current fee structure includes:

Paper Copies: Standard fees are $0.25 per page for letter/legal size documents
Electronic Records: $0.25 per page for scanned documents; actual cost for electronic records that require processing
Research Fees: For requests requiring extensive staff time (typically exceeding one hour), agencies may charge for actual staff time at hourly rates
Specialized Documents: Maps, plats, and oversized documents may have higher fees based on actual reproduction costs
Certified Copies: Additional fees apply for certified copies of official records

Specific fees by record type include:

Court Records: $10.00 for record searches plus copy fees; $10.00 for certified copies
Vital Records: $15.00 for certified birth, death, marriage, or divorce certificates through the Department of Health and Human Services
Property Records: Recording fees vary by document type and page count; search fees may apply
Criminal History Records: $15.00 for a criminal history record check

Payment methods accepted include cash, check, and money order. Some departments may accept credit cards for in-person transactions. Checks should be made payable to the specific county department providing the records.

Fee waivers may be available if the request is determined to primarily benefit the public rather than the requester, though this determination is at the discretion of the agency.

Does Burleigh County Have Free Public Records?

Yes, Burleigh County provides free access to certain public records. Under N.D.C.C. § 44-04-18, all public records must be open for inspection free of charge during reasonable office hours. This means that while obtaining copies may incur fees, viewing records in person is typically free.

Free public records resources in Burleigh County include:

In-Person Inspection: Members of the public may visit county offices to inspect records without charge during normal business hours
Online Court Records: Basic case information is available at no cost through the North Dakota Courts Records Inquiry system
County Commission Minutes: Meeting minutes and agendas are typically available on the county website at no charge
Property Tax Information: Basic property tax and assessment information may be available through online portals without fees
Voter Registration Verification: Basic voter registration status can be verified without charge
Public Notices: Legal notices and announcements are published and available for free viewing

The Burleigh County Recorder's Office provides computer terminals for the public to search digitized records on-site at no charge, though printing copies will incur fees.

Additionally, the North Dakota State Archives offers free access to historical records, including some vital records that have become public due to age.

Who Can Request Public Records in Burleigh County?

Under North Dakota's Open Records Law, any person has the right to request and receive public records from Burleigh County government offices. The law specifically states that records must be provided to "any person" upon request, with no distinction between residents and non-residents.

Key points regarding eligibility to request records:

No residency requirement: Requesters need not be North Dakota residents or U.S. citizens
No purpose statement required: In most cases, requesters do not need to state the reason for their request or how they intend to use the records
Identification requirements: While basic contact information may be requested for processing purposes, agencies cannot generally require identification for most public records
Anonymous requests: Anonymous requests are permitted for records that do not have access restrictions

Certain specialized records may have additional requirements:

Vital Records: Birth, death, marriage, and divorce certificates have specific eligibility requirements. For example, birth certificates are only available to the individual named on the record, immediate family members, legal representatives, or those with a direct interest as defined by N.D.C.C. § 23-02.1-27
Criminal History Records: Complete criminal history information may be restricted to authorized agencies or the subject of the record
Driver Records: Driver's license records have specific access restrictions under federal Driver's Privacy Protection Act
Juvenile Records: Access is generally restricted to parties involved in the case

Commercial use of public records is permitted, though some specific records may have use restrictions defined by statute.

What Records Are Confidential in Burleigh County?

While North Dakota law presumes that government records are open to the public, N.D.C.C. § 44-04-18.1 and other statutes establish specific exemptions for confidential or exempt records. In Burleigh County, the following record types are generally not available for public inspection:

Medical Records: Health information protected under HIPAA and state law
Personnel Records: Employee evaluations, personal information, and disciplinary actions (though certain personnel information such as name, job title, and salary is public)
Social Security Numbers and Financial Account Information: Personal identifying information is protected from disclosure
Juvenile Court Records: Records involving minors in the court system are confidential under N.D.C.C. § 27-20-51
Child Welfare Records: Reports of child abuse or neglect and related investigations
Active Criminal Investigations: Records that could interfere with ongoing law enforcement investigations
Attorney-Client Communications: Legal advice and work product between county attorneys and officials
Trade Secrets and Proprietary Information: Confidential commercial information submitted to government agencies
Security Information: Details about security systems, emergency response plans, or infrastructure vulnerabilities
Sealed Court Records: Records sealed by court order
Adoption Records: Information about adoptions is confidential under state law
Certain Tax Information: Individual tax return information is confidential
Educational Records: Student records protected under FERPA

When a record contains both public and confidential information, agencies must redact the confidential portions and provide the remainder. The burden of proving that a record is exempt from disclosure rests with the government agency.

Any denial of access to records must cite the specific statutory provision that makes the record confidential or exempt from disclosure, as required by N.D.C.C. § 44-04-18(7).

Burleigh County Recorder's Office: Contact Information and Hours

Burleigh County Recorder's Office
221 N 5th St
Bismarck, ND 58501
Phone: (701) 222-6735
Burleigh County Recorder

Hours of Operation:
Monday - Friday: 8:00 AM - 5:00 PM
Saturday & Sunday: Closed
Holidays: Closed

The Recorder's Office maintains and provides access to property records including deeds, mortgages, liens, easements, plats, and other land-related documents. On-site computer terminals are available for public use to search digitized records.

Burleigh County Clerk of District Court
514 E. Thayer Ave.
Bismarck, ND 58501
Phone: (701) 222-6690
Burleigh County District Court

Hours of Operation:
Monday - Friday: 8:00 AM - 5:00 PM
Saturday & Sunday: Closed
Holidays: Closed

The Clerk of District Court maintains court records for the South Central Judicial District, including civil, criminal, family, and probate cases.

North Dakota Department of Health and Human Services - Vital Records
600 E Boulevard Ave, Dept 325
Bismarck, ND 58505
Phone: (701) 328-2360
Vital Records

Hours of Operation:
Monday - Friday: 8:00 AM - 4:30 PM
Saturday & Sunday: Closed
Holidays: Closed

The Vital Records office maintains birth, death, marriage, and divorce records for the state of North Dakota.