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North Dakota Background Check Laws: What Employers Need to Know
North Dakota doesn't impose employer-facing background check restrictions beyond federal FCRA standards, with its one added rule aimed at how insurance-related credit data can be resold. Relevant across the state's energy, agriculture, and manufacturing industries, here's what applies whether you're hiring in Fargo, Bismarck, or Grand Forks.
What This Means for Employers
Because North Dakota adds no employer-side restrictions, the requirements that matter most are the standard FCRA basics:
- Get written authorization from the candidate before running a check
- Provide clear disclosure that a consumer report may be used for employment purposes
- Follow the adverse action process (pre-adverse and final notice) if a report factors into a decision not to hire
There's no additional state-level paperwork or waiting period to plan around, which makes North Dakota one of the more straightforward states to build a screening process around.
Insurance-Related Credit Data
Consumer reporting agencies can't provide or sell a data list that includes information submitted in connection with an insurance inquiry about a consumer's credit information, a credit report request, or an insurance score. This is a restriction on data resale rather than on employment screening.
Pass-Through Fees for North Dakota Records
| Record Type | Fee |
|---|---|
| Criminal county search | No pass-through fee listed for county-level searches in this state |
| Criminal statewide (ND Bureau of Criminal Investigation) | $15.00 per name-based state check, submitted with a BCI request form |
| Motor vehicle record | $3.00 |
Fees are sourced from 3rd Degree Screening's published fee schedule and are subject to change without notice by the issuing agency.
Common Questions from North Dakota Employers
Does North Dakota have a Ban-the-Box law?
No. North Dakota has no statewide Ban-the-Box law for private employers, though some cities or public agencies may have their own hiring policies worth checking separately.
How much does a motor vehicle record cost in North Dakota?
$3.00, which is among the lowest MVR pass-through fees in the country.
Do I need a separate authorization form for North Dakota?
No. Since North Dakota adds no employer-side requirements beyond FCRA, a standard federal disclosure and authorization form is sufficient.
This information is provided for informational purposes only and does not constitute legal advice. Laws and requirements may change and may vary based on specific facts and circumstances. Users should consult their own qualified legal counsel regarding their specific compliance obligations.
