Montana Criminal Records

A Montana criminal record is a formal compilation of an individual's interactions with the state's criminal justice system. The information contained in these records is generated by various law enforcement agencies, judicial authorities, and correctional institutions throughout the state and typically includes details on arrests, charges, court proceedings, case outcomes, sentencing, incarceration status, and release history.

According to recent data, Montana has a crime index of approximately 23.37 per 1,000 residents, with a violent crime rate around 4.18 per 1,000 - placing it among states with a higher-than-average violent crime rate. The Montana Department of Justice (DOJ), through its Division of Criminal Investigation (DCI), is responsible for maintaining the central repository of criminal history record information in the state. In addition, local police departments, county sheriff's offices, trial courts (within the Montana Judicial Branch), and the Montana Department of Corrections also retain criminal records specific to their jurisdictions.

Are Criminal Records Public in Montana?

Criminal records in Montana are generally considered public and are accessible to interested parties by the relevant statutes, primarily the Montana Public RecordsActand the Montana Criminal Justice Information Act of 1979. However, while members of the public generally have the right to examine and copy criminal records, there are exemptions where access to certain types of criminal record information may be limited or restricted.

For instance, juvenile records, records related to ongoing law enforcement investigations, and sealed records are typically confidential and restricted from public access. In addition, any documents containing sensitive information, such as the identities of crime victims, witnesses, or undercover officers, are withheld from public disclosure to protect the individuals involved.

How To Look Up Criminal Records in Montana?

Interested parties may look up criminal records in Montana by requesting a background check (sometimes referred to as a criminal history check or simply record check) through the state's Department of Justice (DOJ). This department offers two types of checks:

• Name-based Checks: These match records using a person's name and date of birth. It should be noted that name-based checks may result in false positives (incorrect matches with someone who has the same details) or false negatives (missing records due to name variations or aliases).
• Fingerprint-based Checks: These compare submitted fingerprint cards against a database of fingerprint images to get a definite match, making them more reliable than name-based checks. Fingerprint-based checks in Montana will also typically include criminal history information from multiple states, including Alaska, Idaho, Nevada, Oregon, Utah, Washington, and Wyoming, thereby ensuring a broader search.

Name-based checks may be requested online using the DOJ's Criminal History Online Public Record Search (CHOPRS) system. Both name-based and fingerprint-based requests may also be submitted in person or via mail to the DOJ at:

Fees range from $10 - $35, depending on the type of background check requested and the request method. Note that additional fees may apply for fingerprinting services. Requesters must either provide the name of the person whose records are to be searched (including known aliases, nicknames, or maiden names), their date of birth, and social security number - for name-based checks, or a properly completed applicant fingerprint card - for fingerprint-based checks. Fingerprint cards are typically available at local law enforcement offices or may be obtained directly from the DOJ. Note that the fingerprint card must not be folded or stapled. All mail-in requests must also be submitted with a self-addressed stamped envelope as well as a check or money order for the applicable fees.

Inquiries may be directed to the DOJ at (406) 444-3625 or via email.

How To Search Montana Arrest Records?

Arrest records in Montana are typically created by local law enforcement agencies, such as city police departments or county sheriff's offices, at the time of an arrest. These records usually contain:

• The name, age, and physical description of the arrested individual
• The date, time, and location of the arrest
• The alleged offense(s)
• The name of the arresting officer and agency
• Booking and bail information (if applicable)

The most direct way to obtain a Montana arrest record is usually by contacting the arresting agency and submitting a records request to them. Some sheriff's offices and police departments also maintain online databases or daily incident logs that allow public access to arrest information; however, keep in mind that the availability of such information may vary depending on the agency and whether the record contains sensitive details. Likewise, while the Montana DOJ's CHOPRS system includes arrest information that resulted in charges or convictions, not all local arrest records are captured at the state level, especially if the arrest did not lead to formal prosecution or was expunged.

How To Search Montana Warrants?

In Montana, a warrant is an official court order issued by a judge or justice of the peace that authorizes law enforcement to take a specific action, such as arresting a suspect or searching a property. The most common types of warrants issued in Montana include:

• Arrest Warrants: These are issued when there is probable cause to believe that an individual committed a crime and authorize law enforcement to take the person named in the warrant into custody.
• Search Warrants: These authorize officers to search specified premises for evidence related to a criminal case and seize certain items found in this location. Like arrest warrants, they are also issued based on probable cause.
• Bench Warrants: These are issued when a person fails to appear in court or violates a court order, authorizing law enforcement to apprehend the person. Bench warrants are typically used to enforce court compliance.

While Montana warrants generally remain active until they are either executed or recalled by the issuing court, this does not apply to search warrants. Per Montana Code Annotated (MCA) Section 46-5-225, any search warrant issued in the state must be served within 10 days; warrants not served within this timeframe are deemed "void".

You may find out if a person has an outstanding warrant and/or get other warrant information in Montana by either contacting the law enforcement agency in the county or city where the warrant was issued or the actual court that issued the warrant. Some municipalities also maintain online warrant search tools or publish lists of individuals with active warrants that may be used to get this information. It should be noted that not all warrant information may be accessible to the public, especially if disclosing this information could compromise ongoing investigations or enforcement efforts.

Can I Obtain a Montana Criminal History Record of Another Person?

Interested parties in Montana may obtain copies of another person's criminal history record by requesting a name-based background check from the state's Department of Justice (DOJ). These requests may be made online using the department's Criminal History Online Public Record Search (CHOPRS) system or in person at:

Requesters will be required to provide the person's full name and date of birth; additional details like the person's social security number, known aliases, and nicknames are also recommended to narrow down search results. There is a $20 fee for online requests, while in-person requests cost $15. It is important to note that Montana criminal history records provided to the general public will not include records that have been deferred and dismissed.

The DOJ also offers fingerprint-based checks, which are considered more accurate than name-based checks; however, they require the consent of the record's subject and the submission of their fingerprints. You may contact the Montana Department of Justice at (406) 444-3625 or via email for more information.

How To Expunge or Seal Montana Criminal Records

Montana law provides several options for individuals to clear arrests and convictions from their records. These include:

• Non-conviction Removals: This removes records of arrests that did not result in a conviction (either from charges not being filed, a not-guilty finding, or the conviction later being invalidated). This process is typically done automatically, per MCA Section 44-5-202, and involves the complete destruction of the records.
• Criminal Record Sealing: This option is available for cases that have been dismissed after deferred imposition, per MCA Section 46-18-204. Sealed records are removed from public view but remain accessible to criminal justice agencies. Eligible individuals will be required to submit a request form, along with necessary supporting documentation, to the Montana DOJ's Criminal Records and Identification Services Section (mailing instructions are provided on the form). Inquiries on record sealing may be directed to the DOJ at (406) 444-3625.
• Misdemeanor Expungements: This process is governed by MCA Title 46, Chapter 18, Part 11 and involves the permanent destruction/erasure of the offense(s) from the person's record. Expungement is presumed for most misdemeanor convictions provided five years have passed since all imposed sentences were completed and the person remained crime-free during this (they must also not have any pending charges at the time of the application). However, certain misdemeanors, such as assault, stalking, sexual assault, and DUIs, require the court to determine if expungement is appropriate. It should be noted that individuals may only request one expungement in their lifetime; however, the request may be used for multiple convictions. The state's expungement process typically involves the following steps:
• Gather necessary documents, including copies of criminal records and court judgments
• File a petition for expungement with a District Court in a judicial district where at least one of the convictions occurred.
• Notify the relevant prosecuting agencies (they will subsequently be required to attempt to notify all involved victims)
• Attend any scheduled hearings.
• If the petition is granted, provide a copy of the order to all criminal justice agencies and submit an Expungement Request Form (plus necessary supporting documentation) to the DOJ's Criminal Records and Identification Services Section for final verifications. This will include confirming if the petitioner has successfully used the expungement process before.

It is advisable to get legal advice before seeking sealing or expungement in Montana to ensure a smooth process and avoid errors, delays, or complications.

What Are the Limitations To the Use of Criminal Records for Employment, Licensing, and Housing in Montana?

In Montana, both state and federal regulations govern how criminal records may be used by employers, landlords, and licensing boards. These laws are designed to strike a balance between public safety and fair opportunity for individuals with past convictions, and they include:

• Montana Title 37, Chapter 1, Part 2: This law ensures that a criminal conviction alone is not an automatic reason for denying a professional license and requires licensing boards to evaluate whether a conviction is directly related to the profession and provide a statement of reasons if a license is denied.
• EEOC andHUD Guidance: Federal guidelines from the Equal Employment Opportunity Commission and the U.S. Department of Housing and Urban Development discourage employers and housing providers from implementing blanket policies against individuals with criminal records. Instead, they recommend individualized assessments that consider the nature of the offense, the time elapsed, and its relevance to the job role or housing application.
• TheFair Chance Act: This law prevents federal agencies and contractors based in/operating in Montana from asking about an applicant's criminal history until they have extended a conditional job offer.
• TheFair Credit Reporting Act: This law requires that written permission be obtained before performing a third-party background check on applicants and also mandates that the applicants be notified if a decision is made based on criminal history reports obtained via these checks.

Can I Access Montana Criminal Records for Free Online?

While there are several private websites that claim to offer free access to Montana criminal records, the accuracy and completeness of information offered by these sources cannot be guaranteed. To access accurate and complete criminal records online, it is best to use reliable resources like the DOJ's CHOPRS system, the Montana Courts' Public Access Portals, or premier platforms that aggregate data from official sources and verified databases, like MontanaPublicRecords.us.