North Dakota employers are free to conduct criminal background checks for employment purposes as long as they do not infringe on their employees’ civil rights or discriminate. There is no statute regarding criminal record checks for private employers in this state, the only limit is that a criminal background check cannot report on cases that are expunged or sealed. Furthermore, employers cannot ask their employers about their arrest record, only crimes that they were actually convicted for. In order to make a criminal history request, the employer must submit a Criminal History Request Form to the North Dakota Bureau of Criminal Investigation.
Cost – $15
Laws – §12-60-16.6
Step 1 – Obtain Employee Authorization
Before conducting a criminal background check, you will need to obtain the subject’s date of birth, social security number, and current address. If the subject’s address is unavailable, they must sign a Personal Authorization for Criminal History Record Request Form to grant their formal authorization.
Step 2 – Obtain Criminal History Request Form
In order to make a criminal history request, you will need to download and fill out the Criminal History Request Form.
Step 3 – Fill Out the Form
Next, provide the following information into the “Requester Information” section:
- Name to address mailed result to
- Telephone number
- Full address
Step 4 – Finish Filling Out the Form
Supply the information listed below regarding the subject who is being investigated:
- Full name and aliases
- Date of birth
- BCI state ID number (if known)
- Specific criminal event (if known)
- Current address (if no address given, authorization form must be attached)
Step 5 – Submit the Form
Once the form has been completed, it must be sent or hand-delivered to the address provided below. The envelope you send must include the requisite supporting documents and a check or money order for $15 made out to “North Dakota Attorney General.”
Criminal Records Section
North Dakota Bureau of Criminal Investigation
4205 State Street
PO Box 1054
Bismarck ND 58502-1054
Step 6 – Receive Criminal History Report
In approximately 7-10 business days you should receive the results of your criminal history record check.