Montana Arrest Records

Montana Public Records /Montana Arrest Records

Are Arrest Records Public in Montana?

In Montana, arrest records are generally considered public information under the state’s Montana Constitution (Article II, Section 9 – Right to Know) and the Montana Public Records Act (MCA § 2-6-1001 et seq.). This means that most members of the public have the right to inspect and obtain copies of arrest records maintained by law enforcement agencies, unless the records are specifically exempt from disclosure. Arrest information is commonly available through the Montana Department of Justice, Division of Criminal Investigation, as well as local sheriff’s offices and police departments.

However, not all arrest records are fully open. Certain categories, such as juvenile arrest records, sealed or expunged records, and ongoing investigations, may be withheld to protect individual privacy or the integrity of legal proceedings. Additionally, sensitive personal details are often redacted before release. In practice, while the public may request access to arrest records, the release is subject to statutory exemptions and privacy considerations that balance transparency with individual rights.

What Law Governs Access to Arrest Records in Montana?

Several key laws and regulations govern access to arrest records in Montana:

Montana Criminal Justice Information Act of 1979 (Montana Code Annotated Title 44, Chapter 5) - This comprehensive legislation establishes the framework for collecting, maintaining, and disseminating criminal justice information in Montana. It defines what constitutes public criminal justice information versus confidential criminal justice information.
Montana Constitution, Article II, Section 9 (Right to Know) - This constitutional provision establishes that "no person shall be deprived of the right to examine documents or to observe the deliberations of all public bodies or agencies of state government and its subdivisions, except in cases in which the demand of individual privacy clearly exceeds the merits of public disclosure."
Montana Constitution, Article II, Section 10 (Right of Privacy) - This section establishes that "the right of individual privacy is essential to the well-being of a free society and shall not be infringed without the showing of a compelling state interest."
Montana Public Records Act (Montana Code Annotated Title 2, Chapter 6) - This act governs the management, preservation, and access to public records created by government agencies in Montana.

These laws collectively establish a presumption of openness while recognizing legitimate privacy interests and public safety concerns that may limit access in certain circumstances.

What Information Is Included in a Montana Arrest Record?

A typical Montana arrest record contains comprehensive information about an individual's encounter with law enforcement. These records generally include:

Full legal name of the arrested individual
Aliases or known nicknames
Date of birth and demographic information (age, gender, race)
Physical description (height, weight, identifying marks such as tattoos or scars)
Photograph (mugshot) taken during booking
Fingerprints and other biometric data
Date, time, and location of the arrest
Arresting agency and officer information
Specific charges filed (including statute numbers)
Case or docket numbers
Booking information
Bail or bond amount (if applicable)
Court appearance dates
Disposition of the case (if resolved)
Sentence information (if convicted)

It's important to note that arrest records document the fact that an arrest occurred but do not constitute proof of guilt. Many arrest records include a disclaimer stating that all individuals are presumed innocent until proven guilty in a court of law.

How To Obtain Arrest Records in Montana in 2025

Montana offers several methods to obtain arrest records, depending on your needs and the specific information you're seeking:

1. Montana Department of Justice - Criminal Records and Identification Services

The Montana Department of Justice's Criminal Records and Identification Services is the central repository for criminal history information in the state.

Montana Department of Justice - Criminal Records
2225 11th Avenue
P.O. Box 201403
Helena, MT 59620-1403
Phone: (406) 444-3625
Montana Department of Justice Criminal Records

Hours of Operation: Monday through Friday, 8:00 AM to 5:00 PM (excluding state holidays)

To request records in person, by mail, or by fax:

Complete a Public Criminal History Request Form
Include proper identification
Submit the required fee
Provide a self-addressed stamped envelope if requesting by mail

2. County Sheriff's Offices

Local sheriff's offices maintain records of arrests made within their jurisdiction.

3. Local Police Departments

Municipal police departments maintain records of arrests made within city limits.

4. Montana Courts

Court records related to arrests and subsequent proceedings can be obtained through the relevant court clerk's office.

Montana Supreme Court
215 N Sanders Street
Helena, MT 59601
Phone: (406) 444-3858
Montana Supreme Court

How to Find Arrest Records Online in Montana

Montana offers several online resources for accessing arrest records and related information:

1. Montana Department of Justice - Correctional Offender Network Search

The Montana Correctional Offender Network (CONWEB) provides information about adult offenders who are or have been under the supervision of the Montana Department of Corrections.

Montana Correctional Offender Network

2. Montana Courts E-Filing and Records System

The Montana Courts offer online access to court records through their case management system.

Montana Courts Case Search

3. Montana Sexual or Violent Offender Registry

This online database provides information about registered sexual and violent offenders in Montana.

Montana Sexual or Violent Offender Registry

4. County Sheriff's Office Websites

Many county sheriff's offices maintain online inmate rosters or arrest logs:

5. Municipal Police Department Websites

Larger city police departments often provide online access to recent arrest information:

Who Can Access Arrest Records in Montana?

Under Montana law, access to arrest records varies depending on the type of information and the requester's status:

Public Access:

General public can access "public criminal justice information" which includes:
- Court records and proceedings
- Conviction information
- Post-conviction incarceration status
- Information about deferred sentences once the period of deferral has expired
- Information deemed public by court order
- Statistical information not identifying particular individuals

Restricted Access:

"Confidential criminal justice information" has limited access and includes:
- Criminal investigative information
- Criminal intelligence information
- Fingerprints and photographs
- Criminal history record information not classified as public
- Juvenile records (with limited exceptions)

Authorized Access: The following entities may have broader access to criminal justice information:

Law enforcement agencies
Courts and prosecutors
Corrections officials
Authorized government agencies
Individuals requesting their own records
Employers for certain positions (with proper authorization)
Researchers (with anonymized data)

Individuals can always request their own criminal history records with proper identification.

Are There Fees for Obtaining Arrest Records in Montana?

Yes, Montana agencies typically charge fees for providing arrest records and criminal history information:

Montana Department of Justice Fees:

Public Criminal History Check: $15.00 per name
Fingerprint-based Criminal History Check: $30.00
Certified copies: Additional $5.00 per document

County and Municipal Agency Fees:

Fees vary by jurisdiction
Typically range from $5 to $25 per record
Additional fees may apply for certified copies
Some agencies charge research fees for older records

Court Record Fees:

Court record copies: $0.50 to $1.00 per page
Certified court documents: $5.00 to $10.00 per document
Case searches: Fees vary by court

Many agencies accept payment by cash, check, money order, or credit card. Some online systems require credit card payment or prepaid accounts for regular users.

Fee waivers may be available in certain circumstances, such as for indigent individuals or for governmental or research purposes.

How Long Are Arrest Records Kept in Montana

Montana maintains arrest records for extended periods, following state records retention schedules:

Adult Arrest Records: Generally maintained permanently in the state's central repository
Conviction Records: Maintained permanently
Non-conviction Records: May be maintained indefinitely unless expunged or sealed by court order
Juvenile Records: Typically sealed when the juvenile reaches age 18, with certain exceptions for serious offenses
Fingerprint Records: Maintained permanently in the state's Automated Fingerprint Identification System (AFIS)
Booking Photos: Typically retained with the arrest record

The Montana Department of Justice maintains the state's central repository of criminal history information, including arrest records, in accordance with the Montana Criminal Justice Information Act.

Local law enforcement agencies may have their own retention policies that comply with minimum state requirements but could retain records for longer periods.

What Information Is Redacted or Restricted in Montana Arrest Records?

Montana law requires certain information to be redacted or restricted in arrest records before public disclosure:

Juvenile Information: Records pertaining to juvenile offenders are generally confidential under Montana Code Annotated § 41-5-215, with limited exceptions
Victim Information: Personal identifying information of victims, particularly in sensitive cases like sexual assault
Witness Information: Information that could identify confidential informants or witnesses at risk
Social Security Numbers: Redacted to prevent identity theft
Medical Information: Health and medical details are typically redacted
Active Investigation Details: Information that could compromise an ongoing investigation
Sealed or Expunged Records: Information from records that have been legally sealed or expunged
Deferred Prosecution Cases: Information about cases under deferred prosecution agreements until the deferral period expires
Mental Health Evaluations: Psychological assessments or mental health information

Government agencies must balance public disclosure requirements with privacy protections when releasing arrest records. When in doubt, agencies typically err on the side of redaction to protect privacy and comply with state law.

How To Seal or Destroy Arrest Records in Montana

Montana law provides several mechanisms for sealing or expunging arrest records under specific circumstances:

1. Expungement of Misdemeanor Convictions

Under Montana Code Annotated § 46-18-1101, individuals may petition for expungement of misdemeanor convictions if:

They have completed all terms of the sentence
At least 5 years have passed since completion of the sentence
They have not been convicted of any other offense during that period
No charges are currently pending

2. Deferred Imposition of Sentence

When a court defers imposition of sentence under Montana Code Annotated § 46-18-204, and the defendant successfully completes the deferral period:

The court may allow withdrawal of the guilty plea
The case may be dismissed
The defendant can apply to have records sealed

3. Juvenile Records

Juvenile records are automatically sealed when the youth reaches age 18, provided there are no pending proceedings, under Montana Code Annotated § 41-5-216.

4. Arrest Without Conviction

If an arrest did not lead to a conviction, individuals may petition the court to have those records sealed under certain circumstances.

Process for Sealing/Expungement:

File a petition with the court where the case was handled
Provide required documentation and information
Pay any applicable filing fees
Attend a hearing if scheduled by the court
If granted, obtain a court order for sealing/expungement
Submit the court order to all agencies holding records

Legal assistance is recommended for navigating this process, as requirements can be complex.

What Are the Limitations on the Use of Arrest Records in Montana?

Montana law places several important limitations on how arrest records can be used:

Employment Restrictions:

Under the Montana Human Rights Act, employers cannot discriminate based solely on arrest records that did not result in conviction
Employers must demonstrate job-relatedness when considering criminal history
Public employers are required to follow "ban-the-box" principles, delaying criminal history inquiries until later in the hiring process

Housing Limitations:

Landlords must have legitimate business reasons for denying housing based on criminal history
Policies that create disparate impact may violate fair housing laws

Licensing Restrictions:

Professional licensing boards must consider rehabilitation and the relevance of criminal history to the specific license
Many licensing statutes require "direct relationship" between criminal history and the licensed occupation

Commercial Use Limitations:

Commercial data brokers must ensure accuracy of criminal record information
Companies selling criminal history information must comply with the Fair Credit Reporting Act
Using arrest records for harassment or intimidation is prohibited

Privacy Protections:

Publishing arrest information with malicious intent may constitute defamation
Using sealed or expunged records is prohibited by law

Violations of these limitations may result in civil liability, administrative penalties, or in some cases, criminal charges.

Lookup Arrest Records in Montana

State Repository for Criminal History Records

Montana Department of Justice - Criminal Records and Identification Services
2225 11th Avenue
P.O. Box 201403
Helena, MT 59620-1403
Phone: (406) 444-3625
Montana Department of Justice Criminal Records

State Department of Justice

Montana Department of Justice
215 N Sanders Street
Helena, MT 59601
Phone: (406) 444-2026
Montana Department of Justice

State Department of Corrections

Montana Department of Corrections
5 S Last Chance Gulch
Helena, MT 59601
Phone: (406) 444-3930
Montana Department of Corrections

State Court System

Montana Judicial Branch
215 N Sanders Street
Helena, MT 59620
Phone: (406) 444-3858
Montana Courts

Attorney General's Office

Montana Attorney General's Office
215 N Sanders Street
Helena, MT 59601
Phone: (406) 444-2026
Montana Attorney General

County Sheriff's Offices

Yellowstone County Sheriff's Office
2323 2nd Avenue North
Billings, MT 59101
Phone: (406) 256-2929
Yellowstone County Sheriff's Office
Missoula County Sheriff's Office
200 W Broadway Street
Missoula, MT 59802
Phone: (406) 258-4810
Missoula County Sheriff's Office
Gallatin County Sheriff's Office
615 S 16th Avenue
Bozeman, MT 59715
Phone: (406) 582-2100
Gallatin County Sheriff's Office
Flathead County Sheriff's Office
920 S Main Street
Kalispell, MT 59901
Phone: (406) 758-5585
Flathead County Sheriff's Office
Cascade County Sheriff's Office
3800 Ulm North Frontage Road
Great Falls, MT 59404
Phone: (406) 454-6820
Cascade County Sheriff's Office
Lewis and Clark County Sheriff's Office
221 Breckenridge Street
Helena, MT 59601
Phone: (406) 447-8293
Lewis and Clark County Sheriff's Office
Ravalli County Sheriff's Office
205 Bedford Street
Hamilton, MT 59840
Phone: (406) 363-3033
Ravalli County Sheriff's Office
Silver Bow County Sheriff's Office
155 W Granite Street
Butte, MT 59701
Phone: (406) 497-1120
Butte-Silver Bow Law Enforcement
Lincoln County Sheriff's Office
512 California Avenue
Libby, MT 59923
Phone: (406) 293-4112
Lincoln County Sheriff's Office
Lake County Sheriff's Office
106 4th Avenue East
Polson, MT 59860
Phone: (406) 883-7301
Lake County Sheriff's Office

Municipal Police Departments

Billings Police Department
220 N 27th Street
Billings, MT 59101
Phone: (406) 657-8460
Billings Police Department
Missoula Police Department
435 Ryman Street
Missoula, MT 59802
Phone: (406) 552-6300
Missoula Police Department
Great Falls Police Department
112 1st Street South
Great Falls, MT 59401
Phone: (406) 455-8599
Great Falls Police Department
Bozeman Police Department
615 S 16th Avenue
Bozeman, MT 59715
Phone: (406) 582-2000
Bozeman Police Department
Helena Police Department
221 Breckenridge Street
Helena, MT 59601
Phone: (406) 447-8461
Helena Police Department

Federal Agencies Operating in Montana

**Federal Bureau of Investigation (FBI) - Montana(under the governance of the Salt Lake City Field Office) **
5425 West Amelia Earhart Drive Salt Lake City, UT 84116
Phone: (801) 579-1400
FBI Montana

U.S. Marshals Service - District of Montana
2601 2nd Avenue North, Suite 1200
Billings, MT 59101
Phone: (406) 247-7030
U.S. Marshals Service - District of Montana

U.S. Courts – District of Montana
2601 2nd Avenue North, Suite 1200
Billings, MT 59101
Phone: (406) 247-7000
U.S. District Court - District of Montana