North Dakota Misdemeanors

A misdemeanor is basically a criminal offense that is less serious than a felony. North Dakota punishes misdemeanor offenders with incarceration in a county jail or regional corrections center (not in state prisons).

What Is a Misdemeanor in North Dakota?

In North Dakota, a misdemeanor is a crime that carries a maximum penalty of up to one year in jail and a maximum fine of $3,000. Infractions are prosecuted in criminal court, and result only in a fine, while felony offenses may lead to imprisonment exceeding one year.

Individuals may face petty theft, simple assault, shoplifting, vandalism of minor property, public intoxication, trespassing, and many harassment charges as misdemeanors. Certain factors or circumstances may raise a misdemeanor status to a felony based on injury, weapon use, or prior convictions.

A first-time DUI offense is considered a misdemeanor with mandatory minimums that vary by blood-alcohol level.

Misdemeanor Classes and Penalties in North Dakota

North Dakota divides offenses into seven classes, with two classes for misdemeanors:

• Class A misdemeanor: Penalties include imprisonment up to 360 days and the payment of a fine up to $3,000.
• Class B misdemeanor: Up to 30 days imprisonment and a maximum of a $1,500 fine.

These classifications depend on the nature and the severity of the offense. General maximums are fixed by statute, and courts may also order probation, restitution, no-contact orders, treatment court, veterans’ docket, or mental health court participation.

A first-offense DUI is typically a Class B misdemeanor with mandatory minimums that vary by blood-alcohol level (BAC). Penalties include:

• A $500 minimum fine if BAC is less than 0.16
• Two days in jail and payment of at least $750 if BAC is greater than 0.16

All DUI offenses attract additional consequences, such as administrative license suspensions and an addiction evaluation. Subsequent DUIs may result in felony penalties.

Misdemeanor Court Process in North Dakota

Municipal Courts deal with city ordinance violations and many Class B misdemeanors that arise within the city limits. No jury trials occur in municipal court. However, a defendant charged with a Class B misdemeanor may obtain a jury by a timely written demand (within 28 days after a not-guilty plea). This process moves the case to the District Court for a jury trial before a district judge.

A summary of a typical path from stop to sentencing:

• Citation or arrest; If a criminal complaint is filed in the proper court, the law enforcement agents may arrest a suspect.
• Initial appearance/arraignment: The defendant is brought before a judge to confirm their charges. The judge explains their rights, appoints counsel, and addresses any release conditions.
• Pre-trial: Negotiation, discovery, motions, and possible plea deals may occur. If the counsels fail to reach a plea agreement, the case proceeds to a trial.
• Trial: After hearing the whole matter, the judge will decide the case from the bench (unless a jury is demanded and the case moves to district court).
• Sentencing: If the defendant is found guilty, the court may impose a sentence based on the charges and aggravating or mitigating factors.

Misdemeanor Records in Major North Dakota Cities

Misdemeanor records are public. At the city level, individuals may visit some law enforcement departments (sheriff's offices, police departments) to view records. They may also visit the Municipal Court in the county where the case was filed. Some major cities with municipal courts include:

• Fargo (Cass County).Fargo Municipal Court directs the public to the North Dakota Supreme Court Public Search Portal for record searches and to pay eligible fines online. Individuals may contact the court clerk for phone or counter payment and copies of court records.
• Bismarck (Burleigh County).Bismarck Municipal Court posts contact information and FAQs on its website. The clerk’s office is open to the public on weekdays for copies of court records or other requests.
• Grand Forks. Grand Forks County Municipal Court lists its Clerk of Court contacts; individuals may visit the Clerk of Court for copies of court records.

How to Search for Misdemeanor Records in North Dakota

Misdemeanor records often contain party names, case numbers, charges, statute citations, court dates, Register of Actions, dispositions, sentence terms, and financial balances. As long as these records are not sealed or under investigation, individuals may access them through the proper channels, including:

• Statewide Court portal. Individuals may visit the North Dakota Courts Records Inquiry to view case records. After selecting a location (county name) and the “Criminal/Traffic” section, they may search the platform by name or case number.
• County Clerk’s Office or Municipal Clerk. Individuals may access court records at the county clerk's office in North Dakota. They may visit the clerk's office or the municipal clerk where the case is filed to inspect records in person or request copies for a fee.
• Public Terminals. Public terminals at district courts are available so that individuals to view and print public court documents.
• Sheriff’s Office – In some cases, law enforcement agencies may have access to or may direct records seekers to the appropriate records department.
• Third-party Services. Many private background check companies or websites may have access to public records, including misdemeanors, depending on the data they source. These services often aggregate data from multiple court records and allow their users to access them.

How Long Does a Misdemeanor Stay on Your Record in North Dakota?

In North Dakota, a misdemeanor typically stays on a criminal record permanently unless it is expunged or sealed by a court. However, under Section 27-14-21 of the North Dakota Century Code, certain offenses are eligible for expungement. This depends on the specific waiting period, nature of the crime, and the individual’s criminal history.

In North Dakota, it also depends on the class:

• A Class A misdemeanor may be eligible for expungement two years after the conviction or dismissal.
• A Class B misdemeanor may be eligible for expungement one year after the conviction or dismissal.

North Dakota also allows individuals to seal their records from public access. An individual may petition to seal a criminal record if:

• For a misdemeanor conviction, the person has had no new convictions for at least three years before filing
• Or the person received an unconditional pardon.

Finally, without sealing or expunging, a misdemeanor case remains publicly accessible in court records indefinitely.