Can a North Dakota sheriff's office refuse to release inmate disciplinary records under an open records request?

Plain-English summary

North Dakota Attorney General Drew Wrigley concluded that the Williams County Sheriff's Office did not violate the state's open records law when it withheld inmate disciplinary and protective-management records requested by a citizen. A specific statute, N.D.C.C. § 12-44.1-28, splits these records into two categories: a sentenced inmate's institutional discipline and protective management records are "exempt" (meaning the sheriff has discretion whether to release them), while the same kind of records for all other inmates are "confidential" (meaning they cannot be released at all).

The requester, Dustin Hendricks, asked for records of "all disciplinary and protective management" at the jail. The Sheriff's Office told him the records were exempt or confidential and declined to release them. Because the records fell squarely into one of the two protected categories under § 12-44.1-28, the AG found the denial lawful either way: the sheriff had discretion to withhold the sentenced-inmate records, and had no discretion at all to release the other-inmate records.

What this means for you

County sheriffs and jail administrators

The opinion holds that institutional discipline and protective management records for sentenced inmates are exempt records under N.D.C.C. § 12-44.1-28(5), giving your office discretion whether to release them, while the same records for all other inmates are confidential under § 12-44.1-28(6) and cannot be released at all.

People requesting jail or inmate records in North Dakota

The opinion holds that a request for "all disciplinary and protective management" records at a county jail can be lawfully denied in full or in part, since the sheriff has discretion to withhold sentenced-inmate records and no authority to release records for other inmates.

Attorneys handling open-records disputes involving corrections records

The opinion also notes a procedural point: it did not address other records requests that were made either before the requester's opinion request (untimely under the 30-day window in § 44-04-21.1(1)) or after it (never separately submitted for an opinion).

Common questions

Q: Are jail inmate discipline records public in North Dakota?
A: Not automatically. Under § 12-44.1-28, a sentenced inmate's institutional discipline and protective management records are "exempt" (the sheriff may choose to release them), while the same records for all other inmates are "confidential" (they cannot be released).

Q: Does a records requester have to cite the exact statute when asking for records?
A: No. The opinion notes a requester does not need to include any legal citation to properly request records under N.D.C.C. § 44-04-18; the office treated this request as a state open-records request even though the citizen initially cited a federal FOIA statute that does not apply to state and local agencies.

Q: Is there a deadline to ask the Attorney General for an opinion about a records denial?
A: Yes. The opinion notes that a request for an AG opinion must be made within thirty days of the alleged violation under N.D.C.C. § 44-04-21.1(1).

Background and statutory framework

North Dakota's open records law makes public entity records open and accessible "except as otherwise specifically provided by law." Confidential records are those expressly declared confidential or prohibited from public disclosure; exempt records are records that are not required to be open but may be released at the public entity's discretion. N.D.C.C. § 12-44.1-28 specifically addresses institutional discipline, conduct, and protective management records at correctional facilities, treating sentenced inmates' records as exempt and all other inmates' records as confidential.

Citations and references

Statutes:
- N.D.C.C. § 44-04-18, general open records access requirement
- N.D.C.C. § 44-04-21.1, procedure and deadline for requesting an AG opinion on an alleged violation
- N.D.C.C. § 12-44.1-28, institutional discipline and protective management records
- N.D.C.C. § 12-44.1-28(5), exempt status for sentenced inmates' records
- N.D.C.C. § 12-44.1-28(6), confidential status for other inmates' records
- N.D.C.C. § 44-04-17.1(3), definition of confidential records
- N.D.C.C. § 44-04-17.1(5), definition of exempt records

Source

• Landing page: https://attorneygeneral.nd.gov/the-north-dakota-attorney-general-issued-an-opinion-to-the-williams-county-sheriffs-office/
• Original PDF: https://attorneygeneral.nd.gov/wp-content/uploads/2026/06/2026-O-10.pdf

Original opinion text

STATE OF NORTH DAKOTA

OFFICE OF ATTORNEY GENERAL
www.attorneygeneral.nd.gov
(701) 328-2210

Drew H. Wrigley
ATTORNEY GENERAL

OPEN RECORDS AND MEETINGS OPINION
2026-O-10

DATE ISSUED:

June 2, 2026

ISSUED TO:

Williams County Sheriff's Office
CITIZEN'S REQUEST FOR OPINION

Dustin Hendricks requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking
whether the Williams County Sheriff's Office violated N.D.C.C. § 44-04-18 by improperly
withholding records under N.D.C.C. § 12-44.1-28.
FACTS PRESENTED
The Williams County Sheriff's Office (Sheriff's Office) received a letter from Dustin Hendricks
dated September 27, 2023, "requesting records of all disciplinary and protective management."
A response was provided on October 2, 2023, stating "the requested records of all disciplinary
and protective management will either be exempt or confidential per N.D.C.C. §§ 12-44.1-28 (5)
and 12-44.1-28 (6)." Mr. Hendricks also requested other records in his September 27, 2023,
letter which were provided to him within a reasonable time.
On October 19, 2023, Mr. Hendricks timely requested an opinion from this office determining
whether the Sheriff's Office properly denied his records request for the disciplinary and
protective management records.

Other records requests by Mr. Hendricks which occurred before his request for an opinion will
not be addressed in this opinion because the opinion request was untimely with respect to those
records. N.D.C.C. § 44-04-21.1(1) ("A request made under this section must be made within
thirty days of the alleged violation....").
Other records requests which occurred after Mr. Hendricks's opinion request to this office also
will not be addressed because Mr. Hendricks did not request an opinion from this office on the
denial of those requests.

Mr. Hendricks specifically cited 5 U.S.C. § 552 for the basis of his request. That provision applies
to records requests for federal agencies, not state public entities. 5 U.S.C. § 552 ("Each agency
shall make available to the public as follows"); 5 U.S.C. § 551(1) ("'agency' means each authority
of the Government of the United States"). However, this opinion will treat the requests as having
been made under N.D.C.C. § 44-04-18 because a requestor does not need to include any legal
citation to properly request records under state law. See N.D.C.C. § 44-04-21.1(1) (requiring only
a request for an opinion).

OPEN RECORDS AND MEETINGS OPINION 2026-O-10
June 2, 2026
Page 2
ISSUE
Whether the Sheriff's Office violated N.D.C.C. § 44-04-18 when it withheld disciplinary and
protective management records for both sentenced and all other inmates under N.D.C.C. §
12-44.1-28.
ANALYSIS
The Sheriff's Office is a public entity and is subject to the open records law. N.D.C.C. § 44-04-17.1(13)(b).
"Except as otherwise specifically provided by law, all records of a public entity are public records, open and
accessible for inspection during reasonable office hours." N.D.C.C. § 44-04-18(1). Confidential records are records
"expressly declared confidential or [are] prohibited from being open to the public." N.D.C.C. § 44-04-17.1(3).
Exempt records are those records "that [are] neither required by law to be open to the public, nor [are]
confidential, but may be open in the discretion of the public entity." N.D.C.C. § 44-04-17.1(5).
A specific statute addresses institutional discipline and protective management records at
correctional facilities. N.D.C.C. § 12-44.1-28. A "sentenced inmate's institutional discipline and conduct and
protective management [records] are exempt records." N.D.C.C. § 12-44.1-28(5). The "[i]nstitutional discipline
and conduct and protective management records of all other inmates are confidential records." N.D.C.C. § 12-44.1-28(6).

In this case, Mr. Hendricks requested records that have specific limitations on their release. For
the sentenced inmates whose institutional discipline and protective management records fell
within Mr. Hendricks's request, the records are exempt under N.D.C.C. § 12-44.1-28(5). The
Sheriff's Office therefore had discretion whether to release the records. N.D.C.C. § 44-04-17.1(5).
As for all the other inmates, their records are confidential and cannot be released by the Sheriff's
Office. N.D.C.C. § 12-44.1-28(6).
CONCLUSION
It is my opinion that the Sheriff's Office did not violate N.D.C.C. § 44-04-18 by refusing to
release records which are exempt or confidential under N.D.C.C. § 12-44.1-28.

Drew H. Wrigley
Attorney General
wdw
cc:

Dustin Hendricks