North Dakota Administrative Code › Title 10 - Attorney General › Article 10-13 - Criminal History Record Information › Chapter 10-13-14 - Definitions › Section 10-13-14-01 - Definitions

Current through Supplement No. 393, July, 2024
As used in this article , unless the context otherwise
				  requires:
1. "Agency" means a criminal
				justice agency in the state of North Dakota as defined in North Dakota Century
				Code subsection 6 of section
				12-60-16.1. For purposes of these
				rules, an agency includes a North Dakota state or municipal court.
2. "Biometric data" includes fingerprints,
				palm prints, voice prints, retinal or iris images, facial recognition, and DNA
				profiles.
3. "Bureau" means the
				North Dakota attorney general's bureau of criminal investigation.
4. "Challenge" means to formally, in writing,
				call into question the completeness, contents, accuracy, dissemination, or
				denial of access to a criminal history record.
5. "Collect" means to solicit and receive
				information pertaining to reportable events.
6. "Court" means the North Dakota supreme
				court, a North Dakota district court, or a municipal court of the state of
				North Dakota.
7. "Exchange" means
				to disclose criminal history record information, by any means, to another
				criminal justice agency or to a court.
8. "Maintain" means to file or store criminal
				history record information and to combine information on related reportable
				events for identified record subjects.
9. "NCIC" means the federal bureau of
				investigation, national crime information center.
10. "Originating agency" means the criminal
				justice agency that recorded and reported a reportable event.
11. "ORI" means the originating agency
				identifier assigned by the federal bureau of investigation.
12. "Personal identifiers" means an
				individual's name, social security number, other number, or descriptive
				information that is sufficiently unique to identify one individual.
13. "Prosecuting attorney" includes state's
				attorneys, assistant state's attorneys, city attorneys, assistant city
				attorneys, and assistant attorney generals who prosecute individuals charged
				with offenses.
14. "Purge" means
				destroying, blotting out, striking out, expunging, or effacing a record so that
				no trace of the individual identification remains.
15. "Rap back" means the retention of
				fingerprints submitted for noncriminal purposes under North Dakota Century Code
				section 12-60-24 and used for the purpose
				of authorized notification regarding the contributor of a future reportable
				event, including latent fingerprint search comparison.
16. "Record subject" means the individual who
				is the primary subject of a criminal history record, and includes any
				authorized or lawful representative of the individual.
17. "Report" means to submit information to
				the bureau pertaining to reportable events.
18. "Reportable event" includes information a
				criminal justice agency is required to submit to the bureau for a reportable
				offense under North Dakota Century Code section
				12-60-16.4 and includes arrest
				information, all charges filed, or not filed or not referred for prosecution if
				a report of an arrest was submitted to the bureau, all dispositions of criminal
				cases, correctional supervision, judgments amending, modifying, terminating, or
				revoking a sentence to probation and any resentencing after revocation, and
				information concerning the receipt, escape, death, release, transfer to another
				institution, pardon, conditional pardon, reprieve, parole, commutation of
				sentence, or discharge of an individual sentenced to custody for a reportable
				offense.
19. "Reviewing agency"
				means the criminal justice agency at which a record subject has appeared to
				request an inspection of the record subject's criminal history
				record.
20. "Sealed record" means a
				record that has been retained, but is inaccessible under state or federal law
				or pursuant to a valid state or federal court order. Access to a sealed record
				may only be allowed in accordance with section
				10-13-11-03.
General Authority:
NDCC
					 12-60-16.3
Law Implemented:
NDCC
					 12-60-16.2,
					 12-60-16.3,
					 12-60-16.4