>Benson County Arrest Records Online

Benson County, North Dakota Arrest Records

Are Arrest Records Public in Benson County, North Dakota?

Arrest records are public in Benson County, North Dakota, pursuant to the North Dakota Public Records Law (N.D.C.C. § 44-04-18). This statute establishes that all government records, unless specifically exempted by law, must be available for public inspection. Arrest records fall under this provision and are considered open to the public to promote transparency and accountability within the criminal justice system. The North Dakota Century Code specifically mandates that records of arrests, charges, and dispositions of criminal cases be maintained as public information, allowing citizens to access these documents for various purposes including background checks, research, and general public awareness.

Members of the public seeking arrest records in Benson County may obtain them through several official channels, including the Benson County Sheriff's Office and the Benson County Clerk of Court. These records typically become available shortly after an arrest is processed and the individual is booked into the county detention facility.

Can Arrest Records be Found Online in Benson County?

Arrest records can be found online in Benson County through the North Dakota Courts Records Inquiry system. This digital accessibility is part of North Dakota's commitment to government transparency and public information access as outlined in N.D.C.C. § 44-04-18. The online availability of these records enhances efficiency for both the public and government agencies by reducing the need for in-person requests.

The North Dakota Court System maintains a comprehensive database that includes criminal case information for Benson County. Users may search for records using various identifiers such as the defendant's name, case number, or citation number. The Criminal Case Records Search function allows for specific filtering of results to locate relevant arrest information.

It should be noted that while basic arrest information is available online, certain sensitive details may be redacted in accordance with privacy laws and court rules. Additionally, some records may have restricted access if they involve juvenile offenders, ongoing investigations, or cases that have been sealed or expunged by court order.

How to Look Up Benson County Arrest Records in 2025

To obtain Benson County arrest records in 2025, several official methods are available to members of the public. Each method provides access to public records in accordance with North Dakota's open records laws:

North Dakota Courts Online Portal: The North Dakota Courts Records Inquiry system provides electronic access to court records, including criminal cases and associated arrest information for Benson County. Users may search by name, case number, or other identifiers.
Benson County Clerk of Court: The official custodian of court records in Benson County maintains files of all criminal proceedings, including arrest documentation.

Benson County Clerk of District Court
311 B Avenue South
Minnewaukan, ND 58351
Phone: 701-473-5421
Official Website

Benson County Sheriff's Office: As the primary law enforcement agency responsible for arrests in the county, the Sheriff's Office maintains booking records and arrest reports.

Benson County Sheriff's Office
PO Box 194
Minnewaukan, ND 58351-0194
Phone: 701-473-5357
Official Website

Criminal Background Check Services: The North Dakota Department of Health and Human Services offers criminal background check services that may include arrest record information.

When requesting arrest records in person, requestors should be prepared to provide identification and complete any required forms. Pursuant to N.D.C.C. § 44-04-18(2), agencies may charge reasonable fees for copying records but cannot charge for the time spent locating records unless it exceeds one hour.

Contents of a Benson County Arrest Record

Benson County arrest records contain standardized information as required by North Dakota law and criminal procedure. These official documents typically include the following elements:

Full legal name of the arrested individual and any known aliases
Date of birth and demographic information (age, gender)
Physical description including height, weight, eye and hair color, and identifying marks such as tattoos or scars
Date, time, and location of the arrest
Statutory charges filed against the individual, including citation of relevant North Dakota Century Code sections
Booking photograph (mugshot)
Fingerprint records
Arresting agency and officer information
Case or incident number
Custody status information
Bond or bail amount, if applicable
Court appearance dates
Disposition of the case (if available)

It should be noted that pursuant to N.D.C.C. § 12-60-16.6, certain information may be redacted from public arrest records, particularly in cases involving ongoing investigations, confidential informants, or matters of public safety. Additionally, arrest records involving juveniles are subject to different confidentiality standards under N.D.C.C. § 27-20-52.

The accuracy and completeness of arrest records are maintained through coordination between the Benson County Sheriff's Office, the State's Attorney's Office, and the Benson County Clerk of Court. These agencies work collaboratively to ensure that arrest records are properly documented and updated as cases progress through the criminal justice system.

Expungement of Arrest Records in Benson County

In Benson County, individuals may petition for expungement of arrest records under specific circumstances as provided by North Dakota law. Expungement is the legal process by which arrest records are sealed or removed from public access, effectively restoring the individual's record to its pre-arrest status.

Pursuant to N.D.C.C. § 12-60.1, eligibility for expungement in Benson County is determined by several factors:

Cases resulting in acquittal or dismissal of all charges
Arrests not resulting in charges being filed within the statute of limitations
Misdemeanor convictions after a waiting period (typically 3-5 years without subsequent offenses)
Certain non-violent felony convictions after longer waiting periods (typically 5-10 years)
Juvenile records upon reaching adulthood, subject to specific conditions

The expungement process requires filing a petition with the Benson County District Court. Petitioners must provide:

Complete criminal history information
Certified copies of disposition documents for each case
Statement of reasons for seeking expungement
Filing fee (which may be waived for indigent petitioners)

The court reviews each petition individually, considering factors such as the nature and severity of the offense, time elapsed since the arrest or conviction, the petitioner's behavior since the offense, and any public safety concerns. If granted, an expungement order directs all relevant agencies to seal the records from public view, though they may remain accessible to law enforcement agencies for specific purposes.

It should be noted that certain serious offenses, including violent crimes, sex offenses, and offenses against children, are generally ineligible for expungement under North Dakota law.