Montana Court Records

The Montana court system comprises courts of limited jurisdiction, state district courts, and the Montana Supreme Court. Most Montanans interact with the Montana judicial system through a city or county-based court of limited jurisdiction, which handles a wide range of everyday legal matters. Together, Montana courts handle more than 80,000 cases annually.

Courts of limited jurisdiction in the state include Justice Courts, City Courts, and Municipal Courts. While there are some distinctions, justice courts, city courts, and municipal courts function at a similar level. In most cases, courts with limited jurisdiction do not keep official records of their proceedings.

Justice Courts handle misdemeanor offenses, traffic violations, small claims up to $7,000, landlord-tenant issues, and protective orders. They also conduct initial hearings in felony cases. City Courts handle cases about the violation of city ordinances and amounting to up to $5,000.

Municipal courts exercise jurisdiction consistent with that of state district courts; however, they do not adjudicate matters related to city ordinances. These courts are authorized to preside over disputes involving sums of up to $7,000. Additionally, municipal courts may receive and process applications for search warrants, as well as complaints alleging the commission of a felony.

District Courts serve as the trial courts of general jurisdiction and are present in 22 judicial districts across the state. These courts hear felony criminal cases, major civil disputes, family law matters such as divorce and custody, juvenile proceedings, probate and estate issues, and appeals from lower courts. Due to their broad jurisdiction, District Courts handle many of the state's most serious legal matters.

Montana also has specialized courts to address specific areas of law. The Water Court was established to adjudicate water rights claims under the Montana Water Use Act. The court plays an important role in resolving complex disputes related to the allocation and use of water across the state. Another specialized tribunal is the Workers' Compensation Court, which has statewide jurisdiction over disputes between injured workers and employers or insurance providers. This court handles appeals of administrative decisions made by the Department of Labor and Industry.

At the top of the judiciary is the Montana Supreme Court. This court serves as the court of last resort in the state. The Supreme Court hears appeals from the District Courts, the Water Court, and the Workers' Compensation Court. It also exercises original jurisdiction in limited cases and oversees the regulation of the legal profession, the conduct of judges, and the overall administration of the state's judiciary.

What Are the Types of Court Records In Montana?

Montana court records include official documents filed by plaintiffs, defendants, attorneys, and other documents generated by court officials during legal court proceedings or in the course of the judicial operations of the state courts. Montana court records include files, dockets, register of actions, minutes, calendars, orders, and judgments. These records are maintained by the clerk in each court as required by state law. Each court in Montana has a clerk acting as the custodian of the records of that court.

The following are the types of records maintained by each court in Montana:

• Supreme Court of Montana
• Appeals from Lower Courts: Includes briefs, transcripts, and opinions from all appealable matters.
• Original Proceedings: Includes writs of habeas corpus, mandamus, or prohibition.
• Disciplinary Records: For judges and attorneys, including suspensions or disbarments.
• Published Opinions: Binding case law decisions.
• Administrative Order Records: Orders related to judicial conduct, rule-making, and statewide court policy.
• Water Court
• Water Rights Adjudication Records: Includes all claims, objections, and court orders related to existing water rights in Montana.
• Settlement Agreements and Abstracts: Documents reflecting negotiated agreements between parties.
• Master's Reports and Decrees: Legal rulings determining the validity and scope of water rights.
• Workers' Compensation Court
• Disputed Workers' Compensation Claims: Records of litigation between injured workers and insurers and employers.
• Appeals of Administrative Decisions: Records of the appeals from the Montana Department of Labor and Industry.
• Final Judgments and Settlements: Includes medical benefits and wage compensation decisions.
• District Courts
• Felony Criminal Records: Records of felony cases such as homicide, drug trafficking, and serious assaults.
• Civil Case Records: Records of civil claims exceeding $12,000.
• Family Law Case Records: Records of cases such as divorce, child custody, child support, and adoption.
• Juvenile Case Records: Include delinquency, abuse, and neglect proceedings.
• Probate and Guardianship Records: Wills, estate matters, and conservatorship records.
• Appeals from Lower Courts: Includes records of the appeals originating from the city, municipal, and justice courts.
• Mental Health Commitment Records
• Protective Orders: Records of protective orders issued in domestic violence cases.
• Justice of the Peace (Justice) Courts
• Traffic Offenses: Records of traffic offenses handled in the court.
• Misdemeanor Criminal Cases: Records of misdemeanor criminal cases handled in the court.
• Civil Cases: Records of civil disputes in which the amount in dispute is $12,000 or less.
• Small Claims: Records of cases in which the amount in dispute is up to $7,000.
• Initial Proceedings in Felony Cases: Including arraignments and bail hearings.
• Landlord-Tenant Dispute Records
• Protective Orders and Temporary Restraining Orders
• City Courts
• Traffic Infractions and Parking Violation Records
• Misdemeanor Offenses: Records of misdemeanor offenses, including disorderly conduct, minor theft, and public intoxication.
• Violations of Local Ordinances: Records relating to the violations of local ordinances
• Small Claims Records
• Municipal Courts
• Traffic Violations: Includes citations for speeding, reckless driving, and DUIs within municipal boundaries.
• Misdemeanor Criminal Cases: Records of offenses punishable by fines or short-term incarceration under city ordinances or state law.
• City Ordinance Violations: Records of infractions related to noise, zoning, and sanitation.
• Protective Orders: Records of temporary or permanent orders in domestic or stalking cases.
• Initial Appearances and Preliminary Hearings: For felony charges filed within the municipality.

Are Montana Court Records Public?

Montana court records are generally public and accessible under the Montana Public Records Act. However, certain records are confidential and not available to the general public. These include juvenile court records, adoption proceedings, mental health evaluations, sensitive personal information such as financial account details, address, and Social Security numbers, and sealed or expunged cases. Some records are sealed by courts in the state for several reasons, such as ensuring fairness in legal proceedings and protecting sensitive information.

How Do I Search Montana Court Records?

The Montana judiciary provides public access to court case information of its trial courts via the District Courts Public Access Portal and the Limited Jurisdiction Courts Public Access Portal. The portals provide several search options such as case searches, citation search, agency case number search, party search, civil case search, and criminal case search. Access to weekly court calendars is also available on the portal.

Additionally, the Montana judiciary provides public access to the dockets of the apex court in the state via the Montana Supreme Court case docket search tool. The public may use this tool to search for closed or active case information. After making a selection, they may search by either the case party, case number, or case attorney.

How To Retrieve Court Records Offline

You may obtain Montana court records offline via the following steps:

• Identify the Court: Determine which Montana court holds the records you need.
• Visit the Clerk's Office: Upon identifying the court where the record is held, visit the office of the clerk and make a request in writing or via a request form.

You may need to pay a search fee (typically about $2). In addition, fees apply for obtaining standard and certified copies of court records. While the exact fee varies by county, it typically costs $1 per page for the first 10 pages and $0.50 per page thereafter for standard copies. Certification generally costs between $2 and $10, depending on the document. Note that while simple requests may be processed on the same day or within a few days, older or archived records may take up to two weeks to process.

Can I Seal or Expunge a Montana Court Record?

Sealing refers to a process of restricting public access to a particular record, while expungement is a legal process allowing a person to seal and remove past convictions from their criminal record. Montana's expungement provisions are codified under Title 46, Chapter 18, Part 11 of the Montana Code Annotated.

You may be eligible for expungement in Montana if:

• You were convicted of one or more misdemeanors in a Montana state court.
• All fines are paid, and any jail time, treatment programs, or probation ordered by the court are complete.
• At least five years have passed since you finished every part of those sentences.
• You are not in jail for a new offense, and no criminal charges or open cases are pending against you.
• You have never been granted expungement before; Montana allows only one successful expungement in a lifetime.

Note that the five-year waiting period may be waived if you have applied to, or are serving in, a U.S. military academy, the armed forces, or the National Guard, and a prior conviction prevents your enlistment or assignment to a particular position.

In Montana, if your conviction was for sexual assault, assault, stalking, DUI, violation of a protective order, or family member or partner assault, the court will consider certain factors in determining whether to grant your expungement, such as:

• Your age at the time the offense was committed
• The likelihood that you will re-offend
• The length of time since the offense was committed
• Your rehabilitation
• Any other factor that the court may consider relevant.

Montana does not currently allow for the expungement of felony convictions other than certain marijuana-related felonies.

The expungement of court or criminal records is not automatic in Montana. To obtain expungement, you must submit a petition by following these steps:

• Identify Convictions: Obtain a copy of your criminal background check from the Montana Department of Justice's Criminal Records and Identification Services Section (CRISS). You may request a copy of your criminal record online, by mail, or in person for a fee ranging between $10-$30. If your misdemeanor conviction is not listed on the Montana DOJ CRISS, you may search it using Montana public access portals.
• Gather Court Documents: Request copies of judgments from the courts where convictions occurred.
• Complete Petition: Fill out the " Petition for Expungement of Misdemeanor Records" form.
• File Petition: Submit the petition to the District Court in a judicial district where at least one conviction occurred. Make copies of each document with the file stamp for your record
• Notify Prosecutors: Serve copies of the petition to the prosecuting attorneys involved in the original cases. The prosecutor's office will attempt to notify any victim of your offenses within 14 days of receiving your petition.
• Court Decision: The court will review the petition and may schedule a hearing.
• Fingerprinting: If the expungement is granted, obtain fingerprinting on a blue applicant fingerprint card (FD-258).
• Submit Documentation: Send the fingerprint card, expungement form, copies of original documents, and court order to CRISS at P.O. Box 201403, Helena, MT 59620.
• Processing: CRISS will verify eligibility and process the expungement, typically within 30 days.

How To Search Federal Court Records in Montana

The United States District Court for the District of Montana is the only federal court in the Treasure State. This court handles a broad range of federal matters such as bankruptcy filings, immigration proceedings, and intellectual property disputes. The court operates from several divisional offices located in Billings, Butte, Great Falls, Helena, and Missoula.

Accessing federal court records in Montana is possible via the following options:

• Online Access via PACER: Federal court records in Montana may be accessed online using the Public Access to Court Electronic Records (PACER) system. This system allows users to search by party name or case number. From the search results, you may view docket entries, motions, orders, and other case documents. Viewing a court document on PACER costs $0.10 per page, with a maximum charge of $3.00 per document. However, to use PACER, you must first create an account.
• Offline Access at Courthouses: Individuals may also request federal court records in person by visiting and submitting a request at the clerk's office at any of the District of Montana's divisional courthouses. Typical costs for physical copies of the records of the federal court are:
• Standard copy: $0.50 per page
• Certified copy: $11.00 per document, plus $0.50 per page

How To Get Montana Court Records Online for Free?

You may obtain Montana court records online for free via the public access portals provided by the state judiciary. The District Court Public Access Portal provides access to civil and criminal case information from Montana District Courts, while the Courts of Limited Jurisdiction Public Access Portal covers records from Justice, City, and Municipal Courts. These portals allow users to search by party name or case number and view docket entries, hearing schedules, and case statuses.

In addition to official sources, third-party websites may also be used to search for Montana court records. Services like peoplerecords.us offer aggregated public court data across the state. Users may perform basic searches by name or case number, and while some information may be available for free, detailed reports often require registration or a fee.