Montana Criminal Records

Montana criminal records are documents generated by law enforcement that link an individual to a specific crime or offense. In Montana, the Criminal Records and Identification Section of the Montana Department of Justice maintains these records.

The Criminal Records and Identification Services Section (CRISS), which gathers, preserves, and disseminates criminal records, is housed within the Crime Information Bureau (CIB), which also acts as the state's link to the FBI's National Crime Information Center, the International Justice and Public Safety Network, and the state's criminal justice information network (CJIN).

Many vital processes rely on the use of criminal records:

• Granting permits for the carrying of firearms
• Conviction and sentencing
• Conducting background checks for volunteer work, public employment, and licensing
• Recommending parole and probation
• Supporting prosecutors in criminal cases

Are Criminal Records Public in Montana?

Yes, Montana criminal records are public records; however, certain types of criminal records are private per Montana's privacy laws. The Montana Public Records Act and Freedom of Information Act (FOIA) provide that records (including criminal records) not classified as confidential records be made public to interested members of the public. Montana Criminal Justice Information Act further differentiates criminal records into two categories;

• Public Criminal Justice Information: This includes initial arrest reports, initial offense reports, criminal court records and proceedings, information required by a criminal justice organization to get public support for apprehending a suspect, and statistical criminal data.
• Private Criminal Justice Information: Some examples include criminal investigative information and criminal intelligence information

Dissemination of confidential criminal records is prohibited by law in Montana. However, if a judge determines that dissemination of such records will not affect a pending investigation or criminal proceeding, it may be released to eligible requesters.

Montana Crime Records by County

Every year, the Montana Board of Crime Control (MBCC) Statistical Analysis Center compiles a criminal dataset covering crime statistics and criminal histories for every county in the state. This information can be accessed online as an interactive report or, upon request, in PDF format.

The Montana Board of Crime Control has staff who prepare a yearly report on the data for crime records to improve the Montana criminal justice system.

The latest data for 2023 shows that Hill County has the highest prevalent crime rate of 842.7 crimes per 1000 persons while having a population of only about 16000 persons. This is closely followed by Madison County, which has a total population of 1709 people with a crime rate of 748 per 100 persons. The lowest crime rate was recorded in Wibaux County, with only 1 offense recorded for the year 2023; however, this may be accounted for by the low population of just above 900 people living there.

County sheriff's offices and police departments in Montana also maintain city-wide crime statistics. These data are available upon request, either online or in person at the respective offices. For example, the city of Missoula, Montana, maintains a database of crime activities available to interested members of the public.

Montana Criminal Record Check

A criminal record check can be performed in Montana through the Montana Department of Justice's Crime Investigation Bureau (CIB) or Criminal Records Identification section. The criminal records identification section allows members of the public to perform searches through the department's online portal using the name of a subject or their fingerprint. A name-based search requires the subject's name, date of birth, and Social Security number to retrieve information on their public criminal history records in Montana.

Fingerprint checks can be performed either in person or by mail. These checks are preferred since they yield precise, comprehensive data, including access to criminal history records from neighboring states. To perform fingerprint-based checks, the requester will need a fingerprint card application. Local law enforcement agencies can provide blank cards. The card needs to be fully completed and sent in by mail or delivered in person to the Criminal Records and Identification Services Section of the Montana Department of Justice. The office is located at:

Montana Criminal Records

P.O. Box 201403

Helena, MT 59620-1403

E-mail: dojcriss@mt.gov

Phone: (406) 444-3625

A Public Criminal Records Check costs between $10.00 and $30.00 from the Montana Department of Justice's Criminal Records and Identification Services Section. The kind and scope of the required background investigation influence the cost.

Find Criminal Records Online in Montana

The primary source for criminal records online in Montana is the Criminal History online search portal maintained by the Montana Department of Justice. While this is reliable for criminal record information, details about consumer credit or immigration status, for instance, are not included.

Free Criminal Record Search in Montana

Searchable third-party sites provide a viable option for free criminal record searches in Montana. These websites collect data from databases of police departments and sheriff's offices statewide, and the data is sorted and presented to public users. Interested persons can search using the subject's name, age, and date of birth. Fingerprint-based searches cannot be performed on these databases.

Some of these databases offer the search option for free. However, most websites will charge a one-time or monthly subscription-based fee to use their services.

What Does it Mean if You Have a Criminal Record in Montana?

A criminal record in Montana can have a variety of repercussions, depending on the offense and the legal sanctions. The following outcomes could result from a guilty decision or conviction, depending on the specifics:

• Employment: Employers may consider criminal histories when employing new employees or serve as grounds for disciplinary action against them. Collateral effects affect job prospects by limiting access to the occupational licenses required to operate in specific industries.
• Accommodation: Criminal histories may be considered by landlords and property managers when renting an apartment and may also be the basis for actions against tenants.
• Education: Academic institutions may take action against a student based on their criminal background or use criminal records as a criterion for admission.

Does Your Criminal Record Clear After 7 Years in Montana?

No, not all criminal records in Montana are cleared after 7 years by law enforcement Authorities. Currently, non-conviction arrests cannot be cleared from court records in Montana. However, state laws allow fingerprints and photos of arrests that result in no conviction to be removed from the state database. If someone is taken into custody but not charged, either the charges are dropped or the conviction is subsequently overturned, a request to have this material erased will be reviewed by the state Department of Justice as an "expungement," meaning that all records about the arrest that resulted in no conviction may be deleted from the repository.

Montana also allows certain types of criminal records from convictions of certain crimes to be expunged in rare cases. Individuals can apply for expungement if they are:

• First-time offenders with misdemeanors
• Persons who have Deferred sentences
• Victims of sex or human trafficking
• Victims of identity theft

However, arrests, convictions, or indictments that "from date of disposition, release, or parole, predated the report by more than 7 years" are prohibited from being reported by CRAs in Montana according to state law. However, these documents remain on an individual's file.

Arrest Record Vs Criminal Record

Every time a person is detained by the police and accused of a crime, their arrest history is recorded. This arrest history is officially called an arrest record. An arrest indicates that a person has been detained and is being kept by the police for a short while. An arrest does not imply a person has committed a crime or done anything improper. Upon an individual's arrest, the prosecutor chooses whether to press charges against them. On the other hand, a criminal record is a detailed summary of an individual's arrests and convictions. It also contains information on offenses committed, warrants, court transcripts, police reports, and probation/parole.

Montana Police Records

Montana Police records are legal documents related to policing work that a particular police department in the state generates. Montana police records include police reports, incident reports, traffic reports, and crash/accident reports.

The public can seek police documents as long as they don't impede an ongoing investigation or jeopardize law enforcement's ability to carry out their duties, according to Montana Code 2-6-1001 and the state’s dissemination statutes. For instance, the county sheriff's office in Toole County, Montana, accepts written requests from citizens for police records.