Burleigh County Arrest Records
Are Arrest Records Public in Burleigh County
Arrest records in Burleigh County are considered public information under North Dakota's open records laws. Pursuant to North Dakota Century Code § 44-04-18, all records of public or governmental bodies, agencies, or officials are open and accessible to the public unless specifically exempted by law. This statute establishes that arrest records maintained by the Burleigh County Sheriff's Department and other law enforcement agencies within the county are generally available for public inspection.
It is important for requestors to understand the distinction between arrest records and conviction records:
- Arrest records document that an individual was taken into custody by law enforcement based on probable cause that they committed a crime. These records exist regardless of whether charges were filed or the individual was convicted.
- Conviction records document that an individual was found guilty of a criminal offense through a court proceeding.
While both types of records are generally public in Burleigh County, certain information within these records may be redacted or restricted pursuant to North Dakota Century Code § 44-04-18.7, which protects confidential information such as:
- Social Security numbers
- Dates of birth
- Juvenile records (with certain exceptions)
- Active criminal investigation information
- Victim information in certain cases
The Burleigh County Sheriff's Department maintains and provides access to arrest records in accordance with these state laws. Members of the public seeking arrest records should be aware that while the records are public, the process for obtaining them follows specific protocols established by county agencies.
What's in Burleigh County Arrest Records
Burleigh County arrest records contain standardized information documenting the apprehension and processing of individuals taken into custody. These records typically include the following categories of information:
Arrestee Identifying Information:
- Full legal name (first, middle, last)
- Aliases or known nicknames
- Physical description (height, weight, eye color, hair color)
- Distinguishing features (tattoos, scars, marks)
- Gender
- Race/ethnicity
- Age (date of birth may be redacted in public copies)
Arrest Details:
- Date and time of arrest
- Location of arrest
- Arresting agency
- Arresting officer's name and badge number
- Reason for arrest
- Whether force was used during arrest
Charge Information:
- Criminal charges filed
- Statute or ordinance numbers of alleged violations
- Classification of charges (felony, misdemeanor)
- Description of alleged criminal activity
- Incident report number
Warrant Information (if applicable):
- Warrant number
- Issuing court
- Date warrant was issued
- Type of warrant (arrest, bench, search)
Booking Information:
- Booking date and time
- Booking number
- Fingerprint identification number
- Property inventory
Bond/Bail Information:
- Bail amount set
- Bond type (cash, surety, personal recognizance)
- Whether bond was posted
- Release date (if applicable)
Court Information:
- Court of jurisdiction
- Case number
- Scheduled court appearances
- Judge assigned to case
Custody Status:
- Current detention status
- Facility where detained
- Expected release date (if sentenced)
Additional Information May Include:
- Prior arrest history
- Probation/parole status at time of arrest
- Vehicle information (if relevant to arrest)
- Witness information (may be redacted)
- Victim information (often redacted in public copies)
The specific content of arrest records may vary depending on the circumstances of the arrest and the policies of the arresting agency. Certain sensitive information may be redacted from public copies in accordance with North Dakota privacy laws.
How To Look Up Arrest Records in Burleigh County in 2026
Members of the public seeking arrest records in Burleigh County may utilize several methods to obtain this information. The county maintains current procedures for accessing these public records while balancing privacy considerations and administrative efficiency.
In-Person Requests:
- Visit the Burleigh County Sheriff's Department records division during regular business hours.
- Complete a public records request form, providing specific information about the record being sought.
- Present valid government-issued photo identification.
- Pay applicable fees for record retrieval and copying (fees are subject to change; currently $5-25 depending on record type).
- Allow processing time as specified by the records clerk (typically 3-10 business days).
Burleigh County Sheriff's Department
514 E Thayer Ave
Bismarck, ND 58501
Phone: (701) 222-6651
Burleigh County Sheriff's Department
Written Requests:
- Submit a formal written request via mail or email to the Burleigh County Sheriff's Department.
- Include the following information:
- Requestor's full name and contact information
- Specific information being requested (name of arrestee, date of arrest if known)
- Purpose of request (optional but may expedite processing)
- Preferred format for receiving records (paper copy, digital file)
- Include payment for applicable fees (check or money order if mailing).
- Allow 5-15 business days for processing, depending on request volume.
Third-Party Background Check Services:
Private companies offer background check services that may include arrest record information. However, these services:
- May charge additional fees
- May not have the most current information
- Cannot access sealed or expunged records
- Should not be considered official government records
For the most accurate and complete information, direct requests to the Burleigh County Sheriff's Department are recommended. Pursuant to North Dakota Century Code § 44-04-18, public agencies must respond to records requests within a reasonable time, typically interpreted as within 3-5 business days for straightforward requests.
How To Find Burleigh County Arrest Records Online
Burleigh County provides several digital resources for accessing arrest records and related information through official online channels. The following methods allow for remote access to public arrest information:
Burleigh County Sheriff's Department Website:
- Navigate to the Burleigh County Sheriff's Department official website.
- Locate the "Records" or "Public Records" section.
- Follow the instructions for submitting an online records request.
- Provide the required information, including:
- Name of the individual
- Approximate date of arrest (if known)
- Your contact information
- Pay any applicable fees using the online payment system.
- Records will typically be delivered via email or through a secure download link.
North Dakota Courts Records Inquiry System:
- Visit the North Dakota Courts Records Inquiry portal.
- Select Burleigh County from the jurisdiction dropdown menu.
- Choose the appropriate search type (criminal/traffic cases).
- Enter search criteria such as:
- Defendant name
- Case number
- Citation number
- Date range
- Review search results, which may include arrest information associated with court cases.
- Access available case documents, noting that some may require fees or have access restrictions.
North Dakota Department of Corrections Inmate Lookup:
For individuals who were arrested and subsequently incarcerated:
- Access the North Dakota Department of Corrections Resident Lookup system.
- Enter the individual's name or identification number.
- Review results for current custody status and facility information.
- Note that this system only provides information on currently incarcerated individuals or those under supervision.
When using online systems, users should be aware that:
- Some records may not be immediately available online, particularly for recent arrests
- Certain sensitive information may be redacted from online records
- Technical issues may occasionally affect system availability
- Official verification may still require direct contact with the Sheriff's Department
Online access to arrest records is provided as a public service in accordance with North Dakota's open records laws, while maintaining appropriate privacy and security safeguards.
How To Search Burleigh County Arrest Records for Free?
Burleigh County residents and other interested parties may access certain arrest record information without payment through several authorized channels. These no-cost options provide basic arrest information while maintaining compliance with North Dakota public records statutes.
Free Online Resources:
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North Dakota Courts Public Access Portal:
- Visit the North Dakota Courts Records Inquiry website.
- Select Burleigh County from the jurisdiction options.
- Enter the name of the individual in the search fields.
- Basic case information, including charges and court dates, is available at no cost.
- Note that detailed documents within case files may require payment.
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Burleigh County Inmate Roster:
- Access the Burleigh/Morton Detention Center website.
- Navigate to the current inmate roster section.
- Search by name to find individuals currently in custody.
- Basic booking information and charges are typically displayed.
- This resource only shows current inmates, not historical arrest records.
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Criminal Case Records Search:
- Utilize the North Dakota Court System's criminal records search function.
- Search parameters include defendant name, case number, or citation number.
- Basic case information is provided without charge.
- Court calendars and hearing schedules are also freely accessible.
In-Person Free Access:
- Public Access Terminals:
- Visit the Burleigh County Courthouse during regular business hours.
- Use the public access computer terminals in the Clerk of Court's office.
- Search for criminal cases related to specific individuals.
- Basic viewing of electronic records is available at no cost.
- Printing or obtaining certified copies will incur fees.
Burleigh County Courthouse
514 East Thayer Avenue
Bismarck, ND 58501
Phone: (701) 222-6699
Burleigh County District Court
- Law Library Access:
- Visit the Burleigh County Law Library located in the courthouse.
- Request assistance from library staff to access public criminal case indices.
- Review publicly available case information at no charge.
- Research terminals may be time-limited based on demand.
When utilizing free resources, requestors should be aware that:
- Information may be limited compared to complete records
- Recent arrests may not appear immediately in free systems
- Some case details may be restricted or require formal requests
- Free resources typically do not provide certified copies needed for official purposes
These free access options fulfill the public information requirements of North Dakota Century Code § 44-04-18 while balancing administrative costs and privacy considerations.
How To Delete Arrest Records in Burleigh County
Individuals with arrest records in Burleigh County may have legal remedies available to limit public access to these records under specific circumstances. North Dakota law provides mechanisms for both expungement (legal erasure) and sealing (restricting public access) of arrest records.
Expungement vs. Sealing: Understanding the Distinction
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Expungement refers to the complete removal of arrest and related records from public view and, in some cases, from government databases. In North Dakota, true expungement is limited to specific situations.
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Sealing restricts public access to records while maintaining them within government systems for limited official purposes. Most remedies in North Dakota involve sealing rather than complete expungement.
Eligibility for Record Removal in Burleigh County
Under North Dakota Century Code § 12-60.1, individuals may petition for sealing arrest records in the following circumstances:
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Arrests Without Charges:
- The arrest did not lead to criminal charges within three years
- The prosecutor declined to pursue charges
- The case was dismissed without prejudice and the statute of limitations has expired
-
Non-Conviction Outcomes:
- Acquittal after trial
- Dismissal of charges with prejudice
- Successful completion of a pretrial diversion program
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Conviction Records (Limited Circumstances):
- Misdemeanor convictions after 3-5 years without subsequent arrests (varies by offense)
- Certain non-violent felony convictions after 5-10 years without subsequent arrests
- Deferred imposition of sentence with successful completion of probation
Process for Sealing or Expunging Records
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Petition Preparation:
- Obtain certified copies of all relevant case documents
- Complete the "Petition for Expungement/Sealing of Criminal Record" form
- Prepare an affidavit explaining eligibility under state law
- Gather supporting documentation (proof of completed sentences, rehabilitation evidence)
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Filing the Petition:
- File the petition with the Burleigh County District Court
- Pay the required filing fee (approximately $80, though fee waivers may be available)
- Serve copies on the Burleigh County State's Attorney and arresting agency
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Court Hearing:
- Attend the scheduled hearing before a district judge
- Present arguments supporting the petition
- Respond to any objections from the prosecutor or law enforcement
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Implementation (If Granted):
- Court issues an order to seal/expunge records
- Order is distributed to all agencies holding records
- Agencies must comply within 30 days of receiving the order
Individuals seeking to seal or expunge records are strongly advised to consult with a licensed attorney, as the process involves complex legal requirements and standards. The court applies a balancing test weighing the public interest in maintaining open records against the petitioner's interest in privacy and rehabilitation.
What Happens After Arrest in Burleigh County?
Following an arrest in Burleigh County, individuals enter a structured criminal justice process governed by North Dakota law and local procedures. This process includes several key stages from initial custody through case disposition.
Initial Custody and Booking
Upon arrest, individuals are transported to the Burleigh/Morton Detention Center for processing. The booking procedure includes:
- Photograph and fingerprinting
- Personal property inventory
- Medical screening
- Background check
- Initial custody classification
Burleigh/Morton Detention Center
4000 Apple Creek Road
Bismarck, ND 58504
Phone: (701) 222-6660
Burleigh/Morton Detention Center
Initial Appearance
Within 24-48 hours of arrest, defendants appear before a judicial officer for:
- Formal notification of charges
- Rights advisement
- Bail determination
- Appointment of counsel for indigent defendants
- Scheduling of preliminary hearing (for felonies)
Bail and Pretrial Release
The court determines conditions for pretrial release based on:
- Nature and severity of charges
- Criminal history
- Community ties
- Flight risk assessment
- Public safety considerations
Release options may include:
- Cash bail
- Surety bond
- Personal recognizance
- Pretrial supervision with conditions
Formal Charging
The Burleigh County State's Attorney's Office reviews the case and determines formal charges through:
- Information filing (for misdemeanors and some felonies)
- Grand jury indictment (rare, used for serious felonies)
- Complaint (for initial charging)
Preliminary Proceedings
For misdemeanors:
- Arraignment with plea entry
- Pretrial conference scheduling
For felonies:
- Preliminary hearing to establish probable cause
- Arraignment following bindover to district court
- Pretrial motions and discovery
Case Resolution
Cases may be resolved through:
- Plea agreement
- Trial (bench or jury)
- Diversion program
- Dismissal
Sentencing (If Convicted)
Sentencing options depend on offense severity and may include:
- Incarceration in county jail or state prison
- Probation with supervision
- Fines and court costs
- Restitution to victims
- Community service
- Treatment programs
Post-Conviction
Following conviction, defendants may:
- Appeal the conviction or sentence
- Apply for sentence reduction
- Seek post-conviction relief
- Pursue record sealing after completing sentence
Throughout this process, case information becomes part of the public record accessible through the North Dakota Courts Records Inquiry system, though certain sensitive information may be restricted. The timeline from arrest to final disposition varies significantly based on case complexity, court caseloads, and whether the defendant is in custody or released pending trial.
How Long Are Arrest Records Kept in Burleigh County?
Arrest records in Burleigh County are maintained according to retention schedules established by North Dakota law and administrative policies. These retention periods ensure both accountability in the criminal justice system and appropriate records management.
Statutory Retention Requirements
Under North Dakota Century Code § 54-46-08, government records, including arrest records, must be maintained according to approved records management programs. For law enforcement records specifically:
- Arrest records for adults are typically maintained permanently in some form
- Fingerprint records and photographs are retained for a minimum of 75 years
- Incident reports associated with arrests are kept for at least 10 years
- Juvenile arrest records have specialized retention schedules with more limited timeframes
The North Dakota Records Management Program establishes specific retention schedules for different categories of criminal justice records, which Burleigh County agencies must follow.
Agency-Specific Retention Practices
Different agencies within Burleigh County maintain arrest records for varying periods:
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Burleigh County Sheriff's Department:
- Active arrest records: Permanent retention
- Booking photographs: Minimum 75 years
- Arrest reports: Minimum 10 years
- Warrant information: Until warrant is served plus 10 years
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Burleigh County State's Attorney:
- Case files related to arrests: 10 years after case closure
- Felony prosecution files: 25 years after case closure
- Declined prosecution records: 5 years
-
Burleigh County District Court:
- Criminal case files: 50 years after case closure
- Index of criminal cases: Permanent
- Court recordings/transcripts: 10 years after final disposition
Electronic vs. Physical Records
Modern record-keeping practices in Burleigh County involve both electronic and physical storage:
- Digital arrest records are maintained in law enforcement database systems with regular backups
- Physical fingerprint cards and original booking photographs may be converted to digital format after a specified period
- Court records are increasingly maintained in electronic case management systems with extended retention capabilities
Factors Affecting Retention
Several factors may influence how long specific arrest records are maintained:
- Severity of the alleged offense (felonies have longer retention periods than misdemeanors)
- Case outcome (convictions typically have longer retention than dismissals)
- Court orders for record sealing or expungement
- Special categories (e.g., sex offenses, homicides have extended or permanent retention)
The retention of arrest records serves multiple public interests, including:
- Maintaining evidence for potential future legal proceedings
- Supporting background checks for sensitive employment
- Providing statistical data for crime analysis
- Ensuring transparency and accountability in the criminal justice system
While records may be maintained for extended periods, access to older records may require additional processing time and specific requests to the maintaining agency.
How to Find Mugshots in Burleigh County
Booking photographs, commonly known as mugshots, are created during the arrest process in Burleigh County and are subject to specific access protocols. These photographs serve as official documentation of an individual's appearance at the time of booking.
What Mugshots Are
Mugshots are standardized photographs taken by law enforcement during the booking process that typically include:
- Front-facing (portrait) view of the arrestee
- Profile (side) view in some cases
- Identifying information board or number
- Date of booking
- Agency identification
These photographs serve legitimate law enforcement purposes including:
- Documenting the physical condition of arrestees at intake
- Assisting in identification of individuals in custody
- Providing visual identification for law enforcement databases
- Creating a verifiable record of the booking process
Where Mugshots Are Maintained
In Burleigh County, booking photographs are primarily maintained by:
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Burleigh County Sheriff's Department - As the agency operating the county detention center, the Sheriff's Department creates and maintains the primary repository of booking photographs.
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Burleigh/Morton Detention Center - The facility where booking photographs are taken during the intake process.
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North Dakota Bureau of Criminal Investigation - Receives and maintains copies of booking photographs for individuals charged with certain offenses.
Finding Mugshots
Members of the public seeking access to booking photographs in Burleigh County have several potential methods:
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Direct Request to Sheriff's Department:
- Submit a public records request to the Burleigh County Sheriff's Department
- Provide the name and approximate booking date of the individual
- Pay applicable fees for record retrieval and copying
- Allow processing time as specified by the records division
-
Court Records:
- In some cases, booking photographs may be included in court files
- Access court records through the North Dakota Courts Records Inquiry system
- Request to view physical court files at the Burleigh County Courthouse
Online Availability
Unlike some jurisdictions, Burleigh County does not maintain a public-facing online database of booking photographs. Currently:
- The Sheriff's Department does not publish current booking photos on its website
- The county jail roster may include names but not photographs
- Commercial mugshot websites may have obtained and published some booking photos, but these are not official county resources and may contain outdated or inaccurate information
Obtaining Mugshots Officially
To officially obtain booking photographs:
- Complete a public records request form specifying the booking photograph sought
- Submit the request to the Burleigh County Sheriff's Department Records Division
- Provide identification and pay applicable fees
- Receive the photograph in the format specified in your request (digital or physical copy)
Restrictions on Mugshot Access
Access to booking photographs may be restricted in certain circumstances:
- Juvenile arrestees (under 18) have protected records under North Dakota law
- Ongoing investigations may temporarily restrict access to booking photographs
- Sealed or expunged records will not include publicly accessible booking photographs
- Privacy protections may apply to certain categories of arrests
When requesting booking photographs, individuals should be aware that these images are created for law enforcement purposes, and their publication or distribution may have significant impacts on the privacy and reputation of the depicted individuals, regardless of case outcome.
Lookup Arrest Records in Burleigh County
Burleigh County Sheriff's Department Records
Burleigh/Morton Detention Center Inmate Information
North Dakota Courts Records Inquiry System