FAQ

Frequently Asked Questions

Bureau of Criminal Investigation FAQ
Concealed Weapon Permits
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 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.

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Concealed Weapon Permits

Q What changes took effect on August 1, 2009?

Several requirements took effect on August 1, 2009, including:

Application fee increased to $45.00;
New two-tier permit system: Class 1 & Class 2;
Minimum age requirement of 21 for Class 1 permit (still age 18 for Class 2);
Changes to classroom instruction and open book test;
Additional testing requirements for Class 1 permit (familiarity and proficiency);
Instructors must be certified by BCI;
All testing and classroom instruction must be held and completed within the state of North Dakota and cannot be held in conjunction with any other state’s testing;
Maximum fee for testing set at $50.00;
Applicants may be required to disclosure certain mental health/substance abuse records.

Q My Concealed Weapon permit (CWP) was issued before August 1, 2009. Is it still valid?

Yes. Existing CWPs automatically converted to a Class 2 permit on August 1, 2009.

Q What is the difference between a Class 2 and a Class 1 permit?

The Class 2 permit is available to individuals age 18 or older who successfully complete the open book test. For the Class 1 permit, an applicant has to be over 21 and must successfully complete the classroom instruction, open book test, show familiarity with the weapon and pass a proficiency (shooting) test.

Q Are both permits valid in North Dakota?

Yes. Class 1 and Class 2 permits are equally valid in North Dakota.

Q Why would I want a Class 1 permit?

Reciprocity. A Class 1 permit is accepted in more states than a Class 2 permit. See: http://www.ag.nd.gov/BCI/CW/reciprocity.htm.

Q Can I upgrade an existing Class 2 permit to a Class 1 permit?

Yes, upon successfully completing all testing requirements for a Class 1 permit.

Q I have a current permit and I took a proficiency test a while back. Do I need to take it again for the Class 1 permit?

Yes. Applicants for a Class 1 permit must successfully complete all four components (classroom instruction, open book test, familiarity with weapon, proficiency test) within one year of the initial application or renewal application. No other proficiency test or experience may be substituted.

Q Where do I find an application form?

The application form is available from your local chief of police or sheriff, or by contacting BCI.

Q Do I have to submit fingerprints with my application?

You do not need to submit fingerprints: if you have an existing Class 2 permit and want to upgrade it to a Class 1, OR for a timely renewal of an existing permit. You must submit fingerprints with your application: if you do not currently have a ND permit, OR your existing permit has been expired for more than 90 days.

Q Where do I find a list of test administrators?

Most Sheriffs offices and police departments provide concealed weapon testing; check with your local law enforcement agency for testing dates. A list of civilian certified test administrators is available online at http://www.ag.nd.gov/BCI/CW/CW.htm.

Q I am not a North Dakota resident; how do I apply for a ND CWP?

The application and testing procedure are the same for residents and non-residents. Beginning August 1, 2009, all classroom instruction and testing for a concealed weapon permit must be completed within the state of North Dakota.

Q Do I have to complete the authorization for release of medical records?

The Authorization form is required to be completed and included when submitting an application for a Class 1 permit. For a Class 2 permit, the authorization fee is only required to be completed and submitted if the applicant has answered “yes” to any of the questions relating to mental health or substance abuse.

Q How much is a concealed weapon permit?

A test administrator may charge a maximum of $50 for administering the concealed weapon permit testing. This fee is all-inclusive; the test administrator may not charge an additional amount to cover the cost of the range or classroom location. A test administrator also may not require an applicant to take other classes as a pre-requisite to the CWP testing.

Q Do I have to pay for the Concealed Weapon Permit manual?

The fee for the CWP class includes a printed copy of the manual. In addition, a copy of the current manual can be downloaded, free, at http://www.ag.nd.gov/BCI/CW/2009Manual.pdf. The local police department, sheriff’s office, or any a certified test administrator, can provide a printed copy of the manual. You can be charged up to $9.00 for the printed copy.

Q I want a Class 2 permit. Do I have to take a safety class or any other training?

No. For a Class 2 permit, the applicant is only required to successfully complete the open book test. However, the Office of Attorney General suggests that it is advisable for the owner of a firearm to be familiar with its operation and with basic safety guidelines before carrying any firearm concealed.

Q How long does it take to get a permit?

The application is submitted first to local law enforcement. The sheriff’s office and police department complete a review and then forward the application to the Bureau of Criminal Investigation. It takes the BCI up to 30 days from the date the application is received from local law enforcement to process and issue the permit. If there is a problem with the application, it is returned to the applicant. If the applicant’s check has been cashed, the application is being processed. Please allow 30 days after the date the check was cashed, plus mailing.

Q It’s been more than 30 days since my check was cashed and I haven’t received my permit. What should I do?

Please do not call with your inquiry - the BCI is prohibited by law from providing information about the status of a concealed weapon permit application, even to the applicant. Instead, send an e-mail with your full name, current mailing address, date on which the check was cashed and, if it is a renewal, your permit number. The e-mail address is ndag@nd.gov.

Q How do I renew my CWP?

Prior to expiration, a reminder card notifying the permit holder of the need to renew is mailed to the last known address provided to BCI. The standard application form is used for renewals; check the “renewal” box at the top of the application. Submission of fingerprints is not required for timely renewals.

Q My permit just expired. Can I still renew it, or do I have to retake the test?

The renewal process may be started no earlier than 90 days prior to the permit expiration date and no later than 90 days after the permit expiration date. Repeating the written test is not required for timely renewals of a Class 2 permit. To renew a Class 1 permit, the applicant must have completed all testing requirements for a Class 1 permit within one year before submitting the application for renewal.

Q I have a non-resident CWP. How do I renew it?

The renewal process for timely renewals is the same for residents and non-residents.

Q I recently moved. Is that a problem?

A permit holder is required to notify BCI of a change in address. An updated permit will be issued at the permit holder's request. See: http://www.ag.nd.gov/BCI/CW/ObtainPermit.htm.

Q I will be travelling across the country. Is there a list of states that accept North Dakota’s CWP?

Yes. Reciprocity information is available at http://www.ag.nd.gov/BCI/CW/reciprocity.htm. Some states have imposed conditions that may limit or prohibit reciprocity for some permit holders (for example, the other state may not recognize a non-resident CWP).

Q How do I find out about another state’s restrictions on reciprocity?

The Office of Attorney General and the BCI cannot provide information about other state’s laws. It is the permit holder’s responsibility to ensure compliance with other state’s laws. For information on restrictions imposed by any other state, the permit holder must check with that state. For convenience, we have included links to the other states.

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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 amusement devices to be operated at the fair. In addition, proper licenses are required of the bingo or amusement device 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 an event 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 which includes the application forms and instructions needed to apply for a state retail alcoholic beverage license. The forms and instructions can either be mailed to an applicant or are available on the Attorney General’s web page at www.ag.nd.gov – Licensing/Alcoholic Beverage License. The application forms are specific depending on whether the applicant 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, 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 registered with the North Dakota Secretary of State's office, with the exception of an educational organization, which does not need to be incorporated.

(b) Have been actively fulfilling its primary purpose within the state of ND during the two immediately preceding years, with the exception of an educational organization, which does not need to be in existence for two years.

(c) Meet the definition of an "eligible organization". "Eligible organization" means a veterans, charitable, educational, religious, fraternal, civic and service, public safety, or public spirited organization domiciled in North Dakota or authorized by the secretary of state as a foreign corporation under Chapter 10-33. A foreign corporation authorized under chapter 10-33 is only an eligible organization if it is authorized to conduct a raffle under Chapter 20.1-08.

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 which allows local governing bodies (i.e. cities/counties) to issue a local permit to an organization recognized as public spirited. A local permit can allow for raffles, bingo and professional sports pools to be conducted where a primary prize does not have a value greater than $6,000 and the total value of all prizes given out within a year does not exceed $12,000. A single cash prize cannot exceed $4,000 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, a public spirited organization may apply for a charity local permit to allow playing paddlewheels, twenty-one and poker, in addition to a raffle, bingo and sports pool, for a one-time event during a year. An organization may receive either multiple local permits or one charity local permit in a 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. Different types of licenses may be required depending on the items you sell or services you offer specific to your business or profession. For the specific types of licenses issued by the Attorney General's office, refer to the Business and Licensing Section on this web site or contact the Licensing Section at (701) 328-2329. Foreign business entities should contact the Secretary of State to obtain a certificate of authority before transacting any business in North Dakota. Additional information relating to new business development can be obtained from the ND New Business Registration web site, ND Economic Development & Finance and the North Dakota State Tax Commissioner.

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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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