Arrest records are public in Fargo, North Dakota, pursuant to North Dakota Century Code § 44-04-18, which establishes the state's open records law. This statute mandates that records created, collected, or maintained by government agencies are available for public inspection. The Fargo Police Department, as a public law enforcement agency, maintains arrest records that fall under this provision. The North Dakota open records law operates under the presumption that all government records are open to the public unless specifically exempted by statute. This framework ensures governmental transparency and accountability while allowing citizens to access information pertinent to public safety and community awareness.
Members of the public should note that while arrest records are generally accessible, certain information within these records may be redacted in accordance with North Dakota Century Code § 44-04-18.7, which protects personal information such as social security numbers, dates of birth, and other identifying data that could lead to identity theft or invasion of privacy.
The City of Fargo provides multiple channels through which members of the public may access arrest records. Individuals seeking such information may utilize any of the following methods:
In-person requests can be submitted at the Fargo Police Department Records Division located at 105 25th Street North, Fargo, ND 58102. The Records Division maintains public counter hours Monday through Friday from 7:30 a.m. to 4:30 p.m., excluding holidays.
Online access is available through the Fargo Police Department's official website, where daily dispatch logs and certain arrest information are published. The department maintains these records in accordance with North Dakota Century Code § 44-04-18.
Written requests may be submitted via mail to: Records Division, Fargo Police Department, 105 25th Street North, Fargo, ND 58102. Requests must include the requestor's name, contact information, and specific details about the records being sought.
Telephone inquiries can be directed to the Records Division at 701-241-1420. Staff can provide guidance on the proper procedures for obtaining arrest records, though actual records typically cannot be released over the telephone due to verification requirements.
When requesting arrest records, individuals must provide sufficient information to identify the specific record sought, including the full name of the subject, approximate date of arrest, and any other identifying information that may assist in locating the correct record. Pursuant to North Dakota Century Code § 44-04-18.1, a reasonable fee may be charged for copying or transmitting public records.
Arrest records maintained by the Fargo Police Department typically contain comprehensive information about individuals who have been taken into custody. Standard arrest records include the following elements:
It should be noted that pursuant to North Dakota Century Code § 12-60-16.6, certain information within arrest records may be restricted if the record pertains to a juvenile offender or if the case involves sensitive matters such as sexual assault or domestic violence where victim protection is paramount.
North Dakota law provides mechanisms through which individuals may petition for the expungement of arrest records under specific circumstances. The process is governed by North Dakota Century Code § 12-60.1, which establishes the criteria and procedures for record sealing.
Individuals may qualify for expungement in Fargo under the following conditions:
To initiate the expungement process, eligible individuals must file a petition with the District Court of Cass County, located at 211 9th Street South, Fargo, ND 58103. The petition must include:
Upon receipt of a properly filed petition, the court will schedule a hearing. The State's Attorney's Office and any law enforcement agencies with relevant records will be notified and given an opportunity to object to the expungement. If the court grants the petition, an order will be issued directing all relevant agencies to seal the records in question.
It is important to note that even when records are expunged, they are not physically destroyed but rather sealed from public view. Certain government agencies, particularly law enforcement and the courts, may still access these records for specific purposes as permitted by North Dakota Century Code § 12-60.1-04.
Juvenile arrest records in Fargo are subject to stricter confidentiality protections than adult records, in accordance with North Dakota Century Code § 27-20-52. The North Dakota Juvenile Court Act establishes special provisions for the handling and disclosure of records pertaining to minors who have been taken into custody.
Access to juvenile arrest records is generally limited to:
Members of the public seeking juvenile arrest information must file a formal petition with the Juvenile Court demonstrating a legitimate interest in accessing such records. The court maintains discretion to grant or deny such requests based on the best interests of the juvenile and public safety considerations.
The Juvenile Court for Cass County is located at:
Cass County Juvenile Court
211 9th Street South
Fargo, ND 58103
701-451-6900
North Dakota Court System
Arrest records in Fargo carry significant legal implications for affected individuals. Under North Dakota law, these records remain accessible to potential employers, landlords, licensing boards, and other entities conducting background checks unless formally expunged.
The North Dakota Human Rights Act (North Dakota Century Code § 14-02.4) provides limited protections against discrimination based solely on arrest records. However, employers and housing providers may lawfully consider arrest and conviction information when making hiring or housing decisions if the underlying offense is relevant to the position or housing situation.
Professional licensing boards operating under North Dakota regulatory authority may consider arrest records when evaluating applications for licenses in fields such as:
Individuals with arrest records who believe they have faced unlawful discrimination may file a complaint with:
North Dakota Department of Labor and Human Rights
600 East Boulevard Avenue, Dept. 406
Bismarck, ND 58505-0340
701-328-2660
ND Department of Labor and Human Rights