"Checklist for Law Enforcement Agencies' Use in Responding to an Open Records Request" - North Dakota

Checklist for Law Enforcement Agencies' Use in Responding to an Open Records Request is a legal document that was released by the North Dakota Attorney General's Office - a government authority operating within North Dakota.

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LAW ENFORCEMENT RECORDS CHECKLIST
The following is a non-exclusive summary of the major categories of law enforcement records for
which disclosure is 1) prohibited, 2) authorized but not required, or 3) mandatory. It is intended to aid
law enforcement agencies in responding to a request for records under the state open records law but
is not a substitute for a case-by-case review of a requested record prior to disclosure.
1. Confidential (Release is Prohibited)
NOTE: Marsy’s Law: A victim of a crime has the right to prevent disclosure of information or records that
reasonably could be used to locate or harass the victim or the victim's family. If the victim has asserted these
rights, the victim’s contact information (including address, work information, telephone, email) and contact
information for family members, is protected and cannot be released.
Records (whether active or inactive) which have a connection with an allegation or finding that a
child is delinquent, unruly, or deprived, unless the child is transferred to adult court or a court
orders release. N.D.C.C. § 27-20-52. This provision continues to apply even after the death of the
child. N.D.A.G. 2000-F-09.
Note: This provision does not apply to: 1) certain individuals who are
specifically authorized to inspect the records; 2) the release of general information which does not identify
the child; 3) the release of the records for the purpose of apprehending a juvenile who has escaped from
custody or who is alleged to have committed certain acts (N.D.C.C. § 27-20-51.1); or 4) the release of
records regarding certain drug and alcohol offenses which must be provided to the principal of the school in
which the child is enrolled (N.D.C.C. § 15.1-24-05).
The name and identifying biographical information of a living child victim or witness of a crime,
except for fires and criminal traffic offenses under N.D.C.C. title 39. N.D.C.C. § 12.1-35-03.
The telephone number and home address of an employee of a law enforcement agency or a state
or local correctional facility. N.D.C.C. § 44-04-18.3(1).
Information which would reveal the identity of, or provide a means of identifying, an undercover
law enforcement officer or a confidential informant. N.D.C.C. § 44-04-18.3(2), (3).
Criminal history record information, except for releases to a criminal justice agency, to a court,
pursuant to a subpoena, or as otherwise required by law. N.D.C.C. §§ 12-60-16.5, 12-60-16.6.
Note: This prohibition does not apply to the Bureau of Criminal Investigation upon written request and
payment of the appropriate fee. This prohibition does not apply to source documents of a local law
enforcement agency regarding specific crimes or events which are used to compile a person's criminal
history record. N.D.A.G. 2000-L-99.
The portion of an accident report that contains the officer's opinion regarding responsibility for the
accident. N.D.C.C. § 39-08-13(4).
Child abuse and neglect reports and related information, unless the disclosure is specifically listed
in N.D.C.C. § 50-25.1-11.
The name of a seriously injured or deceased person, when the death or injury is being
investigated by a law enforcement agency, until a member of the person's immediate family has
been notified and given an opportunity to notify other immediate family members, or until 24 hours
after the person has been identified, whichever occurs first. N.D.C.C. § 39-08-10.1.
Records received from the Department of Corrections' Division of Juvenile Services.
N.D.C.C § 27-21-12(3).
2. Closed (Release is Discretionary)
Active criminal intelligence and investigative information, except for certain information about
arrests, convictions, the disposition of warrants, and a crime summary. N.D.C.C. § 44-04-18.7.
This provision does not include the names of people involved in a traffic accident.
N.D.A.G. 97-O-1.
Inactive criminal intelligence and investigative information to the extent the information is
"personal information" about an individual as defined in N.D.C.C. § 44-04-18.7(6).
LAW ENFORCEMENT RECORDS CHECKLIST
The following is a non-exclusive summary of the major categories of law enforcement records for
which disclosure is 1) prohibited, 2) authorized but not required, or 3) mandatory. It is intended to aid
law enforcement agencies in responding to a request for records under the state open records law but
is not a substitute for a case-by-case review of a requested record prior to disclosure.
1. Confidential (Release is Prohibited)
NOTE: Marsy’s Law: A victim of a crime has the right to prevent disclosure of information or records that
reasonably could be used to locate or harass the victim or the victim's family. If the victim has asserted these
rights, the victim’s contact information (including address, work information, telephone, email) and contact
information for family members, is protected and cannot be released.
Records (whether active or inactive) which have a connection with an allegation or finding that a
child is delinquent, unruly, or deprived, unless the child is transferred to adult court or a court
orders release. N.D.C.C. § 27-20-52. This provision continues to apply even after the death of the
child. N.D.A.G. 2000-F-09.
Note: This provision does not apply to: 1) certain individuals who are
specifically authorized to inspect the records; 2) the release of general information which does not identify
the child; 3) the release of the records for the purpose of apprehending a juvenile who has escaped from
custody or who is alleged to have committed certain acts (N.D.C.C. § 27-20-51.1); or 4) the release of
records regarding certain drug and alcohol offenses which must be provided to the principal of the school in
which the child is enrolled (N.D.C.C. § 15.1-24-05).
The name and identifying biographical information of a living child victim or witness of a crime,
except for fires and criminal traffic offenses under N.D.C.C. title 39. N.D.C.C. § 12.1-35-03.
The telephone number and home address of an employee of a law enforcement agency or a state
or local correctional facility. N.D.C.C. § 44-04-18.3(1).
Information which would reveal the identity of, or provide a means of identifying, an undercover
law enforcement officer or a confidential informant. N.D.C.C. § 44-04-18.3(2), (3).
Criminal history record information, except for releases to a criminal justice agency, to a court,
pursuant to a subpoena, or as otherwise required by law. N.D.C.C. §§ 12-60-16.5, 12-60-16.6.
Note: This prohibition does not apply to the Bureau of Criminal Investigation upon written request and
payment of the appropriate fee. This prohibition does not apply to source documents of a local law
enforcement agency regarding specific crimes or events which are used to compile a person's criminal
history record. N.D.A.G. 2000-L-99.
The portion of an accident report that contains the officer's opinion regarding responsibility for the
accident. N.D.C.C. § 39-08-13(4).
Child abuse and neglect reports and related information, unless the disclosure is specifically listed
in N.D.C.C. § 50-25.1-11.
The name of a seriously injured or deceased person, when the death or injury is being
investigated by a law enforcement agency, until a member of the person's immediate family has
been notified and given an opportunity to notify other immediate family members, or until 24 hours
after the person has been identified, whichever occurs first. N.D.C.C. § 39-08-10.1.
Records received from the Department of Corrections' Division of Juvenile Services.
N.D.C.C § 27-21-12(3).
2. Closed (Release is Discretionary)
Active criminal intelligence and investigative information, except for certain information about
arrests, convictions, the disposition of warrants, and a crime summary. N.D.C.C. § 44-04-18.7.
This provision does not include the names of people involved in a traffic accident.
N.D.A.G. 97-O-1.
Inactive criminal intelligence and investigative information to the extent the information is
"personal information" about an individual as defined in N.D.C.C. § 44-04-18.7(6).
A computerized index of names in active or inactive criminal files. N.D.C.C. § 44-04-18.7(7).
Address, phone number, or personal information that could be used to locate or identify a
victim/alleged victim of domestic violence, human trafficking, a sex offense, a sexual performance
by a child. N.D.C.C. § 44-04-18.20. SEE the Marsy’s Law note.
An individual’s personal information including driver’s license number, day/month of birth (but the
year of birth is open), home street address (the city, state, zip is open), height, weight, home and
personal cell phone numbers § 44-04-18.7.
Note: If a victim has asserted Marsy’s law, the full home
address, email address, employment address and other contact information is also exempt.
Offender registration information of juveniles, if public disclosure is necessary to protect public
health or safety. N.D.C.C. § 12.1-32-15(13), (15).
Offender registration information of adults, unless disclosure is required for public protection.
N.D.C.C. § 12.1-32-15(13). If the registration information is required to be disclosed, the
information becomes an open record and must be released to members of the public upon
request.
Crime scene images of a victim of a homicide or sex crime, or any image of a minor victim of any
crime. N.D.C.C. § 44-04-18.7.
Interviews/statements of child victims or witnesses obtained during an investigation of a violent
crime or sex offense. N.D.C.C. § 12.1-35-03(2).
Law enforcement training materials and information about prospective criminal activity which
affects officer safety, until the information is publically disclosed. N.D.C.C. § 44-04-18.7.
Name and medical condition of, and medical treatment provided to, an individual who received
medical treatment from a public entity during an emergency medical response.
Personnel records for employees of the ND Department of Corrections and Rehabilitation, state
and local law enforcement agencies, and correctional facilities may not be released to inmates in
correctional facilities unless authorized by the employing agency. N.D.C.C. § 44-04-18.3.
Body camera images taken in a private place by law enforcement or firefighter. N.D.C.C. § 44-04-
18.7.
Driver’s license number, phone number, day/month of birth and insurance information from a
motor vehicle accident form, except that it is open to the parties involved in the accident or their
insurers. N.D.C.C. § 39-08-13(4).
Records relating to the internal investigation of a complaint of misconduct by an employee, but
only until the investigation is complete or 75 days, whichever is first. N.D.C.C. § 44-04-18.1.
3. Open (Release is Mandatory Upon Request)
Following are examples of records which will generally not be closed or confidential under the statutes
described above or under other statutes.
The name of a seriously injured or deceased person after a member of the person's immediate
family has been notified and given an opportunity to notify other immediate family members, or 24
hours after the person has been identified, whichever occurs first. See N.D.C.C. § 39-08-10.1.
The names of people involved in a traffic accident or a fire, unless disclosure of their identity must
be delayed under N.D.C.C. § 39-08-10.1.
Arrestee name and description, facts concerning an arrest, conviction information, the disposition
of all warrants, a list of incidents, a crime summary, a radio log, and arrestee photographs if
release of the photograph will not adversely affect a criminal investigation. N.D.C.C. §
44-04-18.7(5).
Inactive criminal intelligence and investigative information to the extent it is not "personal
information" or made confidential or closed under Marsy’s law or other statutes.
N.D.C.C. § 44-04-18.7.
Last updated: April 2017
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