Attorney General Wayne Stenhjem's Bureau of Criminal Investigation -- North Dakota

Frequently Asked Questions

Bureau of Criminal Investigation FAQ
Licensing FAQ
Criminal & Regulatory FAQ
Consumer Protection FAQ
Gaming FAQ
State & Local FAQ

Bureau of Criminal Investigation

Q How do I seal or expunge a criminal record?

Court records and criminal history records are two different records in separate systems. Court records are maintained by the District Courts. This office does not have jurisdiction or authority over court records. You will need to contact the clerk of district court in the county in which the conviction occurred for more information on whether or not the record of a particular offense may be sealed or expunged (deleted) from the court's file. Even if a court record is sealed or expunged, that does not remove the information from a criminal history record.

Criminal history records are maintained by the Bureau of Criminal Investigation (BCI). These records consist of information about arrests, criminal charges, dismissals, convictions, sentencing, and parole/probation, as reported by law enforcement, the courts, and other criminal justice entities. Generally, if you plead guilty to, or were found guilty of, a misdemeanor or felony offense the information cannot be expunged from your criminal history record.

There is an exception for some arrest records. The ND Supreme Court outlined, in State v. Howe, 308 N.W.2d 743 (N.D. 1981), the limited authority of a court to order expunction of criminal history information "when the arrest is unlawful in violation of the arrestee's constitutional rights and the arrestee has not been subsequently convicted … .” This is a determination made by the court, not the BCI. Upon receipt of an appropriate court order, the BCI will expunge the arrest and any corresponding charges from an individual's criminal history record, and report as necessary to federal agencies.

For legal advice or more information please contact an attorney in private practice.
Q How do I renew my concealed weapon permit?

Notification of the need to renew is mailed to the permit holder at the last known address provided to BCI. For more information see: Concealed Weapon Permits.

Q Does North Dakota have concealed weapon permit reciprocity?

North Dakota has reciprocity with some states. Reciprocity means a North Dakota concealed weapon permit is valid while in those states, and permits from those states are recognized as valid in North Dakota. For a list of the states that have reciprocity and more detailed information see: Concealed Weapon Reciprocity

Q How do I obtain a list of sex offenders?

You can now view the current address, offense information, photographs, and other details about convicted offenders who have a lifetime registration requirement or who have been deemed to pose a "high" risk to the community, from the North Dakota Sex Offender website, at: www.sexoffender.nd.gov. You can download and print a free public list of all sex offenders (high, moderate, low and lifetime) directly from that website.

Q How do I obtain a non-criminal background check on someone?

A Non-Criminal Justice Request for Criminal History Record Information Form is required.

Q How do I get an investigation done?

The BCI cannot conduct investigations at the request of, or for, a member of the public.

Q Are there any tests required for a ND Concealed Weapons Permit?

Although there is no proficiency test, applicants for a ND CWP must successfully complete a written test. For more information see: ND CWP

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Licensing

Q Does the fair board need a state fair board license?

Yes. If your fair board will be allowing either bingo or coin-operated amusement devices, or both, to be operated at the fair. In addition, proper licenses are required of the bingo or coin-operated amusement devise operators.

Q On what days are retail alcoholic beverage establishments prohibited from dispensing or allowing the consumption of alcoholic beverages on licensed premises?

After 6:00 pm on Christmas Eve; all of Christmas Day; and no off-sale after 2:00 am on Thanksgiving Day.

Q May I go off my licensed premises and sell (retail) alcoholic beverages?

Yes - (only within the jurisdiction for which you are licensed i.e., city or county), provided you have been issued an event permit by the local governing body. Event permits are temporary, and can be issued for 1-14 days, which may include Sundays. The fee for a permit may not exceed $25.00. To go "outside"of the jurisdiction for which you are licensed requires additional local and state licenses.


Q Do we have to be off the licensed premises after 2:00 am?

State law does not prohibit you from being on licensed premises after 2:00 am. State law does however, prohibit alcoholic beverages from being "dispensed" or "consumed" on licensed premises after 2:00 am, and on certain days. There may be local ordinances that are more restrictive, therefore be certain to check with the city or county that has local jurisdiction over the specific premises.

Q How do I go about obtaining a state retail alcoholic beverage license?

The Licensing Section of the Office of Attorney General has a licensing packet containing instructions, application forms and a copy of state law and administrative rules. The instructions and application forms are specific, depending on whether the applicant(s) is an individual, or organization (i.e., corporation, Limited Liability Company, etc.,)

Q Do I need a state transient merchant license?

Yes, unless you are a permanent merchant of the location in which you are selling a product or service, or within a 30 mile radius of your permanent ND business location, or meet one of the exceptions in state law. The selling of livestock or agriculture products does not require a state transient merchant license, however, local governing bodies (city/county) may have local permit or licensing requirements. For additional information, see the Transient Merchant information provided by this division.

Q What are the requirements for a state gaming license?

The applicant must:

(a) Be a non-profit corporation (other than an educational organization) registered with the North Dakota Secretary of State;

(b) Have been actively fulfilling its primary purpose within the state of ND during the immediately preceding two years.

(c) Meet the definition of an "eligible organization" (i.e. veterans, charitable, educational, religious, fraternal, civic and service, public safety, or public spirited)

For more information, see Gaming License Application

Q Our organization would like to conduct a small raffle but does not have a state gaming license; what should we do?

State law has a provision for local governing bodies (i.e. cities/counties) to issue local permits to organizations recognized as public spirited, to conduct raffles, bingo and professional sports pools where a primary prize cannot have a value greater than $2,500, and the total value of all prizes given out within a year does not exceed $12,000. A single cash prize cannot exceed $2,500 and total cash prizes cannot exceed $4,000 in one day. The city or county in which the site is located (where the activity is scheduled to take place) dictates where the organization applies for the local permit.

Effective August 1, 2001, public spirited organization may apply for a charity local permit to allow playing raffles, bingo, sports pools, paddlewheels, twenty-one and poker for a one-time event during a fiscal year from July 1-June 30th. An organization may receive either multiple local permits or one charity local permit in a fiscal year, but not both. For More Information, see: Local Gaming Permit/Application /Report

Q I want to start up a new business in North Dakota. What do I need to do? How do I get a business license in North Dakota?

North Dakota does not have a generic business license. It depends on the specific item you sell or service you offer whether or not a license is required, and then the license is specific to the business or profession. However, transient merchants must be registered with the Office of Attorney General, and all foreign limited liability companies are required to obtain a certificate of authority from the Secretary of State before transacting any business in North Dakota. Additional information relating to new business development can be obtained from ND Economic Development & Finance and the North Dakota State Tax Commissioner. You can obtain additional information on starting a new business in North Dakota at http://www.state.nd.us/businessreg/

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Criminal & Regulatory

Q Does the Attorney General have supervisory authority over a state's attorney?

No. Although the Attorney General may provide advice and assistance to a state's attorney, a state's attorney is an elected county official independent of any control or supervision of this office. The States Attorneys have "prosecutorial discretion", meaning that they have the right to decide which cases they will prosecute, and how they will proceed. The duties of the States Attorney are set out in N.D.C.C. Chapter 11-16.


Q If I have a complaint about the way a police or sheriff's department employee is doing his or her job, whom should I contact?

If the complaint relates to the employee's general job performance, the complaint should be directed to the employee's supervisor or the appropriate city or county official. As in private business, these are personnel matters and are correctly handled by the department head, a city or county board official, or the city or state's attorney for initiation of an inquiry or investigation.

Q I want to make a complaint about a States Attorney.

This office does not have authority over the states attorneys. We cannot demand a states attorney take a case, nor can we dictate how they should proceed in a case. If you feel the states attorney has a conflict in your case, you should bring this to the attention of the states attorney. If there is indeed a conflict, the states attorney may request assistance from this office or from another attorney. If you disagree with a decision made by the states attorney, you should discuss your concerns with him or her - we cannot reverse or override a prosecutorial decision. While you may not agree with the decision or the outcome of a case, this is solely within the discretion of the states attorney. Finally, if you believe the states attorney, as an attorney, has violated the professional rules of conduct, you can file a complaint with the disciplinary board (701) 328-3925.

Q Is a State's Attorney required to file a formal criminal complaint upon the request of a citizen or victim?

No. North Dakota law gives a state's attorney considerable discretion in making a decision whether to charge someone with a crime. The States Attorney may consider many factors in making the charging decision. If you have concerns about why a certain charge was made or not filed, contact the prosecuting attorney who made the decision. That person is in the best position to explain the reasons and the basis for the decision whether or not to charge certain crimes or individuals.

Q I want to dismiss a criminal complaint or no longer want to continue with a criminal prosecution. Is the prosecuting attorney required to dismiss the criminal charges?

No. A violation of a criminal law is a public offense. Unlike a private legal action in which you would hire a lawyer and bring your own lawsuit, criminal charges are prosecuted by public officials representing the citizens of the state or a city. The prosecuting attorney is not your attorney but is the attorney for the public at-large. In addition, a criminal complaint can be signed or an arrest can be made by law enforcement authorities even though you may express your desire that the entire matter be dropped or ignored. Although the prosecuting attorney will consider your request to dismiss a criminal charge, that attorney is not required to do so. You can even be subpoenaed to testify as a witness at a trial even though you want to drop the criminal charges.

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Consumer Protection

Q I bought a car over the weekend - don't I have 3 days to return it if it isn't what I wanted?

No. There is no three-day right to cancel when purchasing a vehicle. The three-day right to cancel applies only to purchases made other than at a normal place of business, or in your home.

Q Does North Dakota's "Lemon Law" apply to used cars ?

No. The Lemon Law applies only to new cars (not motorcycles, motor homes, etc). When you buy a used car ~ whether from a dealer or an individual ~ you buy the car "as is" unless you purchase a warranty. When buying a used car, be sure to get all warranties and promises of repair in writing. For more information, see the following brochures: Lemon Law; Buying a Used Car;

Q When reviewing my phone bill, I found several charges listed for telephone services I did not request and do not want - what do I do now?

You may have been a victim of slamming/cramming. Slamming is when a carrier you did not authorize charges you for long distance calls. Cramming is when you are billed for telephone services you did not request or even know you had. If you believe either of these has happened to you, you should contact the Public Service Commission.

Q I saw an advertisement stating that I could earn $2.00 for each envelope I stuff. I have to pay $35.00 to get started. Is this legitimate?

Postal authorities and federal agencies have determined that you will not make money by investing in these "work at home" opportunities - you will likely only lose your money.

Q I received a solicitation in the mail telling me I have won up to $100,000. They request that I send them $26.00. Did I really win?

No! You have not won anything. The first thing you should do is read the fine print on the back of the solicitation. You should find your odds of winning - which are slim to none. There is an increasing number of these sweepstakes solicitations being mailed to North Dakotans from foreign countries. Remember, if you send money to these companies, you will never see it again.

Q I received a call from my credit card company asking me to verify my account number. I gave them the information, but now I am wondering, should I have done that?

More than likely the call you received did not come from your credit card company. They would never need you to verify your account number because they already have it. If you give your account number over the telephone, you may be charged for services you did not authorize. It is important never to give out account information over the telephone unless you initiated the call. You should review your monthly statements carefully, and contact the credit card company about your experience.

Q How can I reach the Better Business Bureau for North Dakota?

The Better Business Bureau serving North Dakota is actually physically located in Minnesota but serves both states. You can reach the BBB at (651) 699-1111 or 1-800-646-6222 (both numbers answered 24 hours), by email at ask@mnd.bbb.org or by mail to Better Business Bureau, 2706 Gannon Road, St. Paul, MN 55116-2600.

Q I have a problem with my landlord. What are my rights as a tenant?

For your convenience, the Office of Attorney General offers a brochure entitled Tenant Rights in North Dakota - this brochure also provides contact information if you have Federal Fair Housing Act concerns.

Q I have been making payments of $15 a month on my hospital (clinic) bill. The hospital (clinic) wants me to pay $200 a month or they will turn the bill over for collection. I can't afford that much. I thought that as long as I made a small payment every month, they could not try to collect the bill or sue me.

The relationship between a medical provider and the patient or responsible party is a contractual relationship governed by the terms of such agreement and other applicable state and federal laws. We are not aware that you can avoid legal action simply by making some minimal payment. You must negotiate your payment with the medical provider and the medical provider is free to enforce its debt collection if you do not reach an acceptable agreement. You should discuss your financial circumstances with the provider. Historically, we have found the medical providers in ND to be willing to negotiate payment arrangements, but such arrangements may require you to make "reasonable" rather than "nominal" payments each month. You may also consult with a private attorney about your legal rights in these circumstances.

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Gaming

Q If our organization had no gaming activity during the current quarter, are we still required to file a tax return?

Yes. All licensed gaming organizations are required to file a quarterly tax return unless the organization has surrendered its license.

Q How long does an organization need to retain game pieces and records?

Redeemed and unsold pull tabs for a game must be retained for one year from the end of the quarter in which the activity was reported on a tax return. All other documents, including the deal's game information sheet and flare, purchase invoices or receipts documenting the cost of prizes, accounting and bank records, and receipts documenting eligible uses, must be retained for three years from the end of the quarter in which the activity was reported.

Q Are bar employees allowed to play games.

Only the bar owner, the bar owner's spouse and household members, management and their spouse(s), officers, board of directors, and employees in a position to approve or deny a lease, are restricted from playing games at a site. Other bar employees can play games while on or off duty, except that bar employees cannot play pull tab dispensing devices while on duty.

Q What information is required on a raffle ticket?

All raffle tickets, with the exception of double admission tickets, must contain:

Name of organization

Ticket number

Price of the ticket;

Prizes;

Licensing authority (Attorney General's office or local city or county) and license number

Statement that the person is or is not required to be present to win;

Date and time of the drawing

Location and street address of the drawing; and

A statement that the ticket is not a charitable donation.

If applicable, the ticket must also disclose whether sales are restricted to persons of a minimum age, whether prizes require a title transfer, and whether the winning player is or is not liable for sales or use tax on the prize.

Q What is the minimum age for playing games of chance?

Persons under the age of 21 are restricted from playing pull tabs, punchboards, twenty-one, calcuttas, sports pools, paddlewheels, and poker. Persons under 18 years of age are restricted from playing bingo unless accompanied by an adult, or the bingo is conducted under a local permit, or the prize structure does not exceed that allowed for a local permit. There is no age restriction on raffles unless the organization sets a minimum age based on the type of prize to be awarded.

Q Is online gambling legal in North Dakota?

No. Online gambling is prohibited under the state's Constitution, regardless of the amount wagered. In North Dakota, gambling may be conducted only by licensed non-profit organizations, Tribal casinos or through a state run lottery. Review information about ND Lottery games at www.lottery.nd.gov.

Q With the popularity of "Texas Hold'em" tournaments broadcast on cable television, is it possible to conduct poker tournaments in the State of North Dakota?

According to state law, each licensed charitable organization may conduct poker on not more than two occasions per year. Poker activity must be conducted at an authorized site of the licensed organization. An organization may allow players to rebuy or add-on additional poker chips, which may be less than or equal to the original entry fee, provided that the total amount collected during the entire poker event does not exceed the $200. The total amount of prizes for a poker event may not exceed ninety percent of the gross proceeds.

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State & Local

Q I requested an open record from a state or local government office and the office turned me down. What should I do?

The government office is required to explain its legal authority for the denial and put the denial in writing if requested. If the office hasn't explained why your request was denied, go back and ask for the explanation in writing. This forces the office to review its initial response. For more information, see Open Records and Open Meetings - Citizens.

Q How do I get an attorney general opinion on a violation of the open records or meetings laws?

Opinion requests need to be in writing addressed to the Attorney General. To review a denial of records, you also need to include a copy of a written request for records that you gave the government office. We can't review a denial of a verbal request for records.

Q Can the Attorney General's Office review ANY violation of the open records or meetings laws?

No, only those that have happened in the last thirty days (for open records) or ninety days (open meetings), regardless of when you first learned about the violation.

Q A governmental body in my area keeps holding meetings in secret - what can I do about it?

Two things. First, in response to a violation that has already occurred, you can get an opinion from the Attorney General (for violations within the last 90 days), sue the governmental body, or ask the state's attorney to consider a criminal prosecution if you think the governmental body knowingly violated the law. Second, to prevent future violations, you can ask to receive notice of all future meetings of the governmental body. Prior written notice is required for all open meetings and also must be provided to anyone who has asked for notice.

Q Can a city mayor, or city council or commission member serve in another city office?

No, except in most cases a city mayor or council member may also serve as an ambulance driver. (N.D.C.C. §§ 40-04.1-04, 40-08-09, and 40-09-17).

Q Can a city mayor, or city council or commission member be paid by the city to do other work for the city?

No, although a city may contract with that person to do the work under certain circumstances. (N.D.C.C. §§ 40-04.1-04, 40-08-09, 40-09-17, 12.1-13-03, 40-13-05, 40-13-05.1, and 48-02-12).

Q Can a city council or commission member participate in or vote on a matter when the member has a conflict of interest?

If the member has a direct and substantial personal or monetary interest in the matter, the member cannot participate in or vote on that matter unless the majority of the rest of the governing body consents. (N.D.C.C. § 44-04-22).

Q Do cities, counties, and school districts have to list salaries of officials in their published meeting minutes?

Yes, at least once a year. (N.D.C.C. §§ 11-11-37, 15.1-09-31, and 40-01-09.1).

Q How do I recall an elected official?

Contact the Secretary of State's Office for this information. Telephone number: (701) 328-4146; or website address: www.nd.gov/sos/

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