Criminal history record information - Reportable offenses

N.D.C.C. § 12-60-16.4 — under Bureau of Criminal Investigation.

N.D.C.C. § 12-60-16.4

Criminal justice agencies shall report to the bureau reportable events for each felony and for each of the following offenses: 1. Class A and B misdemeanor offenses in sections 6-08-16 and 6-08-16.1. 2. Class A misdemeanor offenses included in title 12.1. 3. Class A and B misdemeanor offenses in chapters 19-03.1, 19-03.2, and 19-03.4 and in sections 12-47-21 and 20.1-01-18. 4. Class B misdemeanor offenses in sections 12.1-17-01, 12.1-17-01.2, 12.1-20-12.1, 12.1-21-05, 12.1-21-06, 12.1-22-03, 12.1-23-05, and 12.1-29-03. 5. Class A misdemeanor offenses in chapter 14-07.1 and sections 43-15.1-02, 51-16.1-04, and 53-06.1-16. 6. Class A misdemeanor offenses in title 62.1. 7. Municipal ordinance violations that are equivalent to misdemeanors listed in subsections 1 through 6. 8. Infractions and misdemeanor violations of subdivision c of subsection 5 of section 39-24-09 and chapter 39-24.1.

12-60-16.5. Criminal history record information - Exchange of information among criminal justice agencies and the courts. The bureau and other criminal justice agencies shall disclose criminal history record information: 1. To a criminal justice agency that requests the information for its functions as a criminal justice agency or for use in hiring or retaining its employees. 2. To a court, on request, to aid in a decision concerning sentence, probation, release pending trial or appeal, or a name change petition. 3. Pursuant to a judicial, legislative, or administrative agency subpoena issued in this state. 4. As otherwise expressly required by law.

12-60-16.6. Criminal history record information - Dissemination to parties not described in section 12-60-16.5. Only the bureau may disseminate a criminal history record to parties not described in section 12-60-16.5. The dissemination may be made only if all the following requirements are met: 1. The criminal history record information has not been purged or sealed. 2. The criminal history record information is of a conviction, including a conviction for violating section 12.1-20-03, 12.1-20-03.1, 12.1-20-04, 12.1-20-06.1, or 12.1-20-11 notwithstanding any disposition following a deferred imposition of sentence; or the criminal history record information is of a reportable event occurring within three years preceding the request. 3. The request is written and contains: a. The name of the requester. b. The biometric data of the record subject or, if the request is made without submitting the biometric data, the request must also include the name of the record subject and at least two items of information used by the bureau to retrieve criminal history records, including: (1) The state identification number assigned to the record subject by the bureau. (2) The social security number of the record subject. (3) The date of birth of the record subject. (4) A specific reportable event identified by date and either agency or court. 4. The identifying information supporting a request for a criminal history record does not match the record of more than one individual. In order to confirm a record match, the bureau may contact the requester to collect additional information if a request contains an item of information that appears to be inaccurate or

incomplete. This section does not prohibit the disclosure of a criminal history record by the requester or other persons after the dissemination of the record by the bureau to the requester.