# Title 10 — Attorney General

## Article 10-13 — Criminal History Record Information

## Chapter 10-13-07 — Inspection and Challenge of Criminal History Record Information by a Record Subject

### § 10-13-07-01. Inspection.

A record subject may, upon submission of a written request and verification of identity, review,
without undue burden to either the criminal justice agency or the record subject, any criminal history
record information maintained by any criminal justice agency about the record subject.
History: Effective November 1, 1987; amended effective January 1, 2016.
General Authority: NDCC 12-60-16.3
Law Implemented: NDCC 12-60-16.3
### § 10-13-07-02. Record subject identification.

Satisfactory verification of identity may include fingerprint comparison or presentation of a current
government-issued photo-identification, including a driver's license or passport. If fingerprint
comparison is required for positive identification, the record subject may be required to return at a later
date to the agency where the inspection was requested.
History: Effective November 1, 1987; amended effective January 1, 2016.
General Authority: NDCC 12-60-16.3
Law Implemented: NDCC 12-60-16.3, 12-60-16.6
### § 10-13-07-03. Inspection by representative.

A representative of a record subject shall present a power of attorney, notarized authorization, or
satisfactory proof of authority as a legal representative of the record subject before being allowed to
view the information on file for the record subject.
History: Effective November 1, 1987; amended effective January 1, 2016.
General Authority: NDCC 12-60-16.3
Law Implemented: NDCC 12-60-16.1(9), 12-60-16.3
### § 10-13-07-04. Inspection of local and state central repository records.

A record subject may make a request to any criminal justice agency in North Dakota to inspect the
subject's criminal history record, if any, retained by that agency and by the bureau. The record subject
shall provide satisfactory verification of identity before the agency may permit the record subject to
inspect the records.
History: Effective November 1, 1987; amended effective January 1, 2016.

General Authority: NDCC 12-60-16.3
Law Implemented: NDCC 12-60-16.3
### § 10-13-07-05. Request for inspection from out-of-state.

A request for inspection of a criminal history record must be made in person at a criminal justice
agency by the record subject or an authorized representative of the record subject. Requests made by
mail or any other means from out-of-state may not be processed by the receiving agency or the bureau.
History: Effective November 1, 1987; amended effective January 1, 2016.
General Authority: NDCC 12-60-16.3
Law Implemented: NDCC 12-60-16.3
### § 10-13-07-06. Notification of record availability.

Criminal justice agencies shall notify the record subject when the subject's record is available for
review and shall establish a time within normal working hours when that review can take place.
History: Effective November 1, 1987; amended effective January 1, 2016.
General Authority: NDCC 12-60-16.3
Law Implemented: NDCC 12-60-16.3
### § 10-13-07-07. Negative response to request for inspection.

A criminal justice agency or the bureau may deny inspection of a record if the record subject is not
satisfactorily identified. Agencies or the bureau shall also respond negatively if no record is found for
the individual. The agency or the bureau shall notify the individual in writing of the reason for the
negative response and the right to challenge the denial.
History: Effective November 1, 1987; amended effective January 1, 2016.
General Authority: NDCC 12-60-16.3
Law Implemented: NDCC 12-60-16.3, 12-60-16.7
### § 10-13-07-08. Record copies restricted.

Individuals inspecting criminal history records may make notes of the information in the record but
may not receive a copy of the record unless the record subject intends to challenge the information in
the record. If a a record subject challenges information in a criminal history record, the criminal justice
agency or the bureau shall limit copies of the record to those portions of the record that have been
challenged.
History: Effective November 1, 1987; amended effective January 1, 2016.
General Authority: NDCC 12-60-16.3
Law Implemented: NDCC 12-60-16.3
### § 10-13-07-09. Challenge of denial to inspect.

If an agency or the bureau denies a record subject the right to inspect the subject's criminal history
record, the subject may challenge the denial by submitting a challenge form and a complete set of
fingerprints within ten days of the denial to the administrator of the agency which has issued the denial.
The agency administrator shall allow inspection of the records requested or respond to the record
subject with written findings why the denial is upheld.
History: Effective November 1, 1987; amended effective January 1, 2016.
General Authority: NDCC 12-60-16.3
Law Implemented: NDCC 12-60-16.3

### § 10-13-07-10. Challenge of completeness and accuracy.

A record subject may challenge the completeness or accuracy, or both, of specific criminal history
record entries pertaining to the record subject and request incomplete or inaccurate entries be
corrected. Upon challenge, the criminal justice agency originating the record entries shall review the
alleged incomplete or incorrect entries, and shall notify the record subject, in writing, of the results of
the review within twenty working days of the receipt of the challenge.
The record subject shall specify in writing the incomplete or inaccurate entries and what are
complete or correct entries.
History: Effective November 1, 1987; amended effective January 1, 2016.
General Authority: NDCC 12-60-16.3
Law Implemented: NDCC 12-60-16.3
### § 10-13-07-11. Forwarding challenge forms to originating agency.

If the reviewing agency is not also the originating agency, the original challenge form and any
related documents must be forwarded to the originating agency, or, in the case of challenges claiming
incompleteness, to the agency that can verify the notations which, according to the record subject,
should be included in the record. The reviewing agency shall retain a copy of the original challenge
form.
History: Effective November 1, 1987.
General Authority: NDCC 12-60-16.3
Law Implemented: NDCC 12-60-16.3
### § 10-13-07-12. Notification of corrections to a criminal history record.

In the event an originating criminal justice agency corrects criminal history record entries, the
originating agency shall notify all criminal justice and noncriminal justice agencies that have received
the erroneous information within the year preceding the challenge of the corrections.
History: Effective November 1, 1987; amended effective January 1, 2016.
General Authority: NDCC 12-60-16.3
Law Implemented: NDCC 12-60-16.3
