How to Clear a Criminal Record After Identity Theft in North Dakota

Few legal nightmares are more terrifying than being pulled over along Interstate 94 or Interstate 29 and placed in handcuffs because an active arrest warrant appears under your name and date of birth. Criminal identity theft happens when a suspect detained by police verbally recites your personal information or presents a counterfeit or stolen driver's license bearing your name to avoid prosecution under their own identity. When that imposter subsequently skips bail or fails to appear in court, North Dakota's judicial system automatically issues a bench warrant and logs a criminal record against your legal identity.

Because North Dakota maintains broad public access to court dockets under the North Dakota Open Records Statute (N.D. Cent. Code § 44-04-18), a fraudulent arrest or pending felony charge in Fargo, Bismarck, Minot, or Williston will immediately surface on commercial background checks. Simply telling a prospective employer, nursing board, or landlord that someone impersonated you will not clear a background screening. To permanently sever your name from the imposter's criminal history, you must execute a biometric fingerprint challenge through state authorities and obtain formal judicial clearance from the presiding District Court.

Identity Theft During Traffic Stops and Arrests in North Dakota

Criminal impersonation most frequently begins during routine traffic stops by the North Dakota Highway Patrol, Bismarck, county sheriff's deputies, or municipal police officers. A driver who has a suspended license, active out-of-state warrants, or contraband in the vehicle may memorize a relative's, coworker's, or roommate's full name, date of birth, and Social Security number. Under N.D. Cent. Code § 12.1-11-03, knowingly giving false information to a law enforcement officer to mislead an investigation is a Class A misdemeanor-a charge frequently prosecuted across the state, as seen in State v. Landsberger, 22 N.W.3d 722 (ND Supreme Court 2025)-and also constitutes unauthorized use of personal identifying information under N.D. Cent. Code § 12.1-23-11.

Citations vs. Custodial Bookings: Why Fingerprints Matter

How North Dakota law enforcement processes the encounter determines how difficult it is to clear your record:

• Non-Custodial Traffic Citations and Misdemeanor Summonses: If the officer issues a roadside citation or misdemeanor summons and releases the driver without taking them to jail, no fingerprints are captured. When the imposter fails to pay the fine or appear in court, the North Dakota Department of Transportation Driver License Division, Bismarck suspends your driving privileges and the court issues a bench warrant in your name. Clearing these cases requires dashcam video, bodycam footage, handwriting analysis of the signed citation, or physical alibi evidence.
• Custodial Arrests and Jail Bookings: If the imposter is arrested and booked into a county detention facility, jail staff capture ten-print biometric fingerprints and a booking mugshot. While your name is entered as the primary subject on the arrest report, the physical fingerprints attached to the State Identification Number (SID) belong solely to the imposter, providing conclusive scientific proof of your innocence.

Step-by-Step Process in North Dakota to Clear a Fraudulent Criminal Record

Whether the false arrest occurred in Cass County, Burleigh County, Ward County, Grand Forks County, or Williams County, victims must address both the administrative law enforcement database and the judicial court docket.

Step 1: Roll Official Fingerprints at a Local Law Enforcement Agency

To prove that the person arrested was not you, visit your local police station or county sheriff's office-such as the Burleigh County Sheriff's Department, Bismarck or the Cass County Sheriff's Office, Fargo-to have your fingerprints rolled by a trained technician. Present two valid government-issued photo IDs and ask the technician to record your prints on the standard federal Form FD-258, Federal, Federal Bureau of Investigation, Applicant Fingerprint Card. You must also have the agency complete Form SFN 62550, North Dakota, Bureau of Criminal Investigation, Fingerprint Identity Verification Form to certify that they verified your identity before taking your prints.

Step 2: File a Record Challenge with the North Dakota Bureau of Criminal Investigation (BCI)

The North Dakota Bureau of Criminal Investigation, Bismarck, a division of the Office of the North Dakota Attorney General, Bismarck located at 4205 State Street, PO Box 1054, Bismarck, ND 58502 (phone: 701-328-5500), serves as the state's central repository for all reportable criminal history records. Under N.D. Cent. Code § 12-60-16.3, every individual has the statutory right to inspect and challenge the accuracy of criminal history record information maintained under their name.

Complete Form SFN 60688, North Dakota, Bureau of Criminal Investigation, Criminal History Record Check Request and submit it along with your fingerprint cards and a written explanation stating that you are challenging an arrest record resulting from identity theft. When BCI examiners compare your fingerprints against the fingerprints taken during the arrest in question, they will confirm that the biometric ridges do not match. The BCI will then strip your identity as the primary subject of the arrest, reclassify your name as a fraudulent alias used by the true offender, and update the national FBI database pursuant to 28 C.F.R. § 16.34.

Step 3: Expunging Fraudulent Felony Warrants and Correcting Court Dockets

A critical trap in North Dakota law is that the BCI criminal history repository and the North Dakota Court System operate on two completely separate computer networks. Even after the BCI removes the arrest from your fingerprint rap sheet, the public court docket in the Cass County District Court, Fargo, the Burleigh County District Court, Bismarck, the Ward County District Court, Minot, the Grand Forks County District Court, Grand Forks, or the Williams County District Court, Williston will still display your name as the defendant-and any active felony or misdemeanor bench warrant will remain live until a judge recalls it.

While North Dakota generally restricts record sealing for actual offenders to a 3-year waiting period for misdemeanors and a 5-year waiting period for felonies under N.D. Cent. Code § 12-60.1-02, innocent identity theft victims do not have to wait years to clear their names. Under N.D. Cent. Code § 51-31-04 and the North Dakota Supreme Court's recognition of inherent judicial authority in State v. Howe, 308 N.W.2d 743 (ND Supreme Court 1981), a victim of identity theft may petition the District Court for an expedited judicial determination of factual innocence. Your defense attorney can present your BCI fingerprint clearance to the county State's Attorney and file an emergency motion with the District Court to:

1. Quash and Recall Fraudulent Warrants: Immediately cancel any active arrest warrant or failure-to-appear bench warrant issued under your name without requiring you to post bail.
2. Substitute the True Defendant's Name: Amend the criminal complaint and public Odyssey court docket to remove your name and substitute either the imposter's real name or a John/Jane Doe designation so searches of your name return zero results.
3. Expunge and Seal Judicial and Arrest Files: Issue a formal Judicial Order of Factual Innocence under N.D. Cent. Code § 51-31-04 directing the Clerk of District Court, the arresting police agency, and the North Dakota Department of Transportation Driver License Division, Bismarck to purge the fraudulent case and reinstate any suspended driving privileges.

Step 4: Securing an Identity Theft Certificate of Clearance / Passport

Once the BCI and the District Court have verified that your identity was stolen during an arrest, you must obtain portable proof to protect yourself during future traffic stops or job screenings. Request an official Certified Letter of Biometric Clearance from the North Dakota Bureau of Criminal Investigation, Bismarck along with a certified copy of the District Court's Order Finding Factual Innocence and Quashing Warrant. Together, these certified documents function as your North Dakota Identity Theft Certificate of Clearance (commonly referred to nationwide as an Identity Theft Passport). Keep one certified copy in your vehicle's glove compartment to show law enforcement officers if an outdated warrant ever resurfaces on a patrol car computer, and provide copies to commercial background check companies to force immediate removal of the false record under 15 U.S.C. § 1681.

How Much Does it Cost in North Dakota?

Clearing a fraudulent criminal record in North Dakota involves minor administrative fingerprinting costs, though hiring a criminal defense lawyer is strongly advised if an active felony warrant exists:

• Statewide BCI Record Check Fee: Under N.D. Cent. Code § 12-60-16.9, the statutory base fee for a North Dakota state criminal history record check is $15.00 (payable by check or money order to the ND Attorney General).
• Combined State and FBI Fingerprint Check Fee: Submitting a full state and nationwide biometric fingerprint check packet via Form SFN 60688 costs between $40.00 and $43.00, though the BCI waives fees when requested directly by a North Dakota criminal justice agency or court.
• Local Sheriff or Police Fingerprinting Fee: Rolling ink or electronic prints onto Form FD-258 at a local sheriff's office or police station typically costs $10.00 to $25.00.
• District Court Motion Filing Fee: Filing a motion to quash a warrant, substitute a party name, or seal a record inside an existing North Dakota criminal case carries a $0 court filing fee.
• Criminal Defense Attorney Fees: Retaining a North Dakota criminal defense lawyer to negotiate with the State's Attorney, quash an active felony warrant without you being taken into custody, and draft an expungement order typically costs a flat fee of $1,000 to $2,500 (or $250 to $400 per hour).

How Long Does the Process Take?

The timeline to completely erase an imposter's criminal record in North Dakota depends on whether fingerprints were captured during the original arrest:

• BCI Biometric Fingerprint Verification: Once the BCI receives your completed Form SFN 60688 and fingerprint cards in Bismarck, processing and biometric comparison takes approximately 7 to 10 business days.
• Emergency Recall of Active Arrest Warrants: When an attorney presents conclusive alibi or biometric evidence to a county State's Attorney and District Court judge, a fraudulent bench warrant can often be quashed within 24 to 72 hours.
• Full Judicial Docket Expungement and Commercial Background Purge: Obtaining a signed judicial order removing your name from public court records and updating third-party background screening databases typically takes 30 to 60 days.

Why You Should Consult a North Dakota Criminal Defense Lawyer

Walking into a courthouse or police station on your own when an active felony warrant is attached to your name carries a real risk of immediate arrest and detention while authorities sort out your identity. A local North Dakota criminal defense attorney can appear in court on your behalf, coordinate directly with the State's Attorney and the BCI, and secure a judicial clearance order without putting your freedom in jeopardy. Use our directory to connect with a qualified North Dakota lawyer near you today.

Frequently Asked Questions (FAQ)