Montana Arrest Records

Montana arrest records contain details of an individual's apprehension by law enforcement agencies following their alleged involvement in a crime. These law enforcement agencies (such as city police departments, county sheriff's offices, and the State Department of Justice) are responsible for documenting details of the arrests they execute.

Arrest records are vital for public safety, aiding law enforcement in background checks and risk assessment. They contribute to legal processes, ensuring due diligence in criminal investigations and court proceedings. These records also help foster accountability and transparency in Montana’s criminal justice system.

Montana's arrest records typically contain the following information:

• The arrestee's full name, aliases, age, date of birth, race, sex, height, and weight;
• arrest location and date;
• Booking number;
• Arresting agency;
• Charge(s).

Are Arrest Records Public in Montana?

Yes. The Montana Public Records Act grants public access to government-generated information, including arrest records. However, some arrest records are exempt from public disclosure. For instance, juvenile and investigatory records are only open to record subjects, legal guardians, and criminal justice officials.

How Do I Look Up Arrest Records in Montana?

To lookup arrest records in Montana, inquirers may query the following agencies:

• **A Local law enforcement agency: **Individuals can process their arrest records requests through local city police departments, city attorney offices, and county sheriff's offices. Typically, requests can be submitted online, by mail, or in person. For example, individuals can submit a Document Request Form to the Great Falls City Attorney's Office to request police records.
• **Montana Department of Justice (DOJ): **The DOJ's Division of Criminal Investigation provides access to arrest records online, by mail, or in person through any of the following request options:
• A name-based request: Name-based requests can be submitted online to CHOPRS – Criminal History Online Public Record Search portal. Users can initiate a search as a registered user or public user. A last name, first name, and date of birth are required to conduct the search. A social security number may also be required to further narrow the results of the search, and inquirers will be charged a $20 fee. Mail-in requests should detail the record holder's name, social security number, and date of birth. A self-addressed stamped envelope and a $15 fee per person to be checked, paid by check or money order to the Montana Criminal Records.
• A fingerprint-based request: A fingerprint-based request can be completed by mail. The request must include a $10 fee, a completed applicant fingerprint card, and a self-addressed stamped envelope.
• The Federal Bureau of Investigation (FBI): Individuals can find arrest records online, by mail, or through an approved channeler. The FBI provides an online portal where requesters must enter their email addresses to initiate an arrest search. Afterward, a personal ID number and a secure link would be sent to the requester's email address. Inquirers are also required to submit an Applicant Information Form, a Fingerprint Card, and a fee of $18 to:

FBI CJIS Division – Summary Request

1000 Custer Hollow Road

Clarksburg, WV 26306

Free Arrest Record Search in Montana

Most county sheriff's offices in Montana have online databases where individuals can conduct arrest record searches at no cost. For example, the Gallatin County Sheriff's Office provides access to arrest information through the Inmate Roster published on their site. To use these portals, inquirers enter the subject's name, arrest date, or release date into the search box on the page. Inquirers may also visit the arresting agency in person and request access to information regarding their recent detainees. This may require contacting the agency for a specific date and time most appropriate for the inquiry.

How Long Do Arrests Stay on Your Record in Montana?

Typically, Montana arrests remain on an individual's record forever. However, eligible requesters can have their arrest records sealed or expunged. Montana's policies for clearing criminal records are relatively restrictive compared to other US states. For instance, Montana legislation doesn't authorize the removal of non-conviction arrests from court records. However, the law does allow for the clearance of photographs and fingerprints associated with non-conviction arrests from the state repository.

How to Seal Arrest Record in Montana

When Montana criminal history records (containing arrest records) are sealed per MCA 46-18-204, public access to them is restricted unless a District Court orders otherwise. Specific criminal justice agencies (MCA 44-5-103) retain access to sealed records. For non-conviction records, removal involves deleting database entries and destroying hard copies. To eliminate non-convictions resulting from dismissal, deferred prosecution, acquittal, or dropped charges, petitioners (the arrested person or their legal representative) must request removal from the Montana Criminal Records & Identification Services Section (CRISS) using the Record Removal Form, citing MCA 44-5-202 (8b).

According to Montana Code Title 46, Chapter 18, Part 11, eligible persons may petition the District Court to have misdemeanor offense(s) or non-conviction records removed. However, certain requirements must be met before such petitions are considered valid by the District Court. These requirements include:

• No new convictions in any court for five years after completing the original sentence;
• Not currently detained or charged with a new offense;
• No pending charges for a new offense;
• Exception for military applicants or personnel facing enlistment or position restrictions due to a prior conviction.

Eligible individuals seeking misdemeanor expungement in Montana can pursue this option only once in their lifetime by following these steps:

• The individual initiates the process by filing a petition with the District Court, seeking an order for the expungement of qualifying misdemeanor records. Subsequently, the petitioner's legal representation communicates with the prosecution office responsible for the prior conviction, and the prosecution office notifies any victims or affected parties.
• The pivotal decision in this process lies with the District Court, which evaluates the request for expungement. A crucial prerequisite is a minimum 5-year gap between the last conviction and the application for expungement. If the court grants the expungement order, the petitioner proceeds to the next step by going to a law enforcement agency. Here, the petitioner undergoes fingerprinting using a specific form (FD - 258).
• Simultaneously, the petitioner retrieves the Expungement Form from the Montana Department of Justice website. This form, fingerprint card, and court order are then mailed to the Criminal Records and Identification Services Section (CRISS) at a specified address in Helena, Montana.
• The CRISS will verify whether the petitioner has previously utilized the expungement law, as Montana law permits only one expungement per individual's lifetime. Identity authentication is ensured through the submitted fingerprint card.
• Upon confirmation of eligibility and validated identity, CRISS removes the petitioner's arrest and conviction data from the Criminal History Central (CCH) database. Following this, the petitioner patiently awaits a 30-day processing period.

Montana's legal provision allows individuals to expunge all misdemeanors on their record collectively. Post-expungement, government offices holding related files are mandated to delete them, retaining only the fingerprints. However, it is also essential to acknowledge that certain conditions might lead to the court rejecting an expungement request. Additionally, the expungement of felony charges and sex crimes remains ineligible unless formally dismissed by a court, emphasizing the intricate legal considerations involved in this process.