Montana Arrest Records

Per MT Admin Rules 23.12.431, an arrest record is an official document made by a criminal justice agency indicating the facts of a person’s arrest. It contains the accused’s name and location, time and place of arrest, the pending charges against the accused, and bail and court appearance information. Law enforcement agencies are the custodians of arrest records in Montana. These records are publicly disseminated online or in person at the appropriate custodian’s office. Different individuals or agencies use arrest records for different purposes. For example:

• The court can consult an accused’s arrest to help decide on sentences.
• Law enforcement officers use arrest records to help them with new investigations and the detection of offenders.
• Landlords may check a potential tenant’s arrest record to ensure the safety and security of existing tenants and their properties.
• Lenders use arrest records to determine a person’s trustworthiness.

As of 2023, the Montana Department of Corrections (DOC) held about 14,752 arrested persons in its custody. Of these, about 3,194 were female and 11,558 were male. These people were arrested for offenses like violent, sexual, drug, and property crimes, DUI, weapon and vehicle-related offenses, public order, and crimes against persons. The age group of those in custody that year was as follows: 1,337 arrestees between the ages of 18 and 25, about 4,234 were between the ages of 26 and 35, 5,979 were between the ages of 36 and 50, and 3,202 were 51 and above.

Are Arrest Records Public in Montana?

Yes. The Montana Public Records Act guarantees public access to records maintained by government officials. This permits anyone in the state to examine and obtain a copy of arrest records in the custody of state and local law enforcement agencies. Similarly, the Montana Code Annotated §44-5-301 arrest records are open to the public during a law enforcement agency's regular business hours. However, certain arrest records are prohibited from disclosure by law. Confidential arrest records are only open to the subject of records, immediate family members, and law enforcement officers. Examples of arrest records exempted from disclosure in Montana (MCA § 44-5-103(3)):

• Juvenile arrest records
• Victim information (MCA § 44-5-311)
• Arrest records that are part of an ongoing investigation
• Criminal investigative and intelligence information
• Fingerprints and investigative or intelligence photographs

What is Included in Montana Arrest Records?

Per MCA 44-5-103(13), public arrest records include daily jail occupancy rosters, initial arrest and offense records, and bail records. Specifically, record seekers may find the following information in an arrest record:

• Mugshot
• The arrestee’s first, middle, and last names
• Date of birth, birthplace, age, gender, race, and address
• Hair and eye color, height, weight, build, and skin tone
• Booking ID, date, and time
• Jacket number, housing unit
• Charge details (charges, crime type, bond
• Arresting agency and officer

Find Public Arrest Records in Montana

Individuals can inspect or obtain copies of public arrest records from most law enforcement agencies in Montana. These agencies commonly disseminate arrest records online and in person. However, confidential arrest records are only open to criminal justice agencies. For example, the Missoula County Sheriff’s Office disseminates confidential criminal justice information through its records department at MCSOrecords@missoulacounty.us. Here is how to find public arrest records from the following agencies:

• Montana Department of Justice (DOJ): Individuals can find public arrest records by requesting a public criminal records background check from the DOJ’s Criminal Records and Identification Services Section (CRISS). The CRISS charges between $10 and $30 for this service. Requesters can conduct a background check by:
• Name: Public users can conduct an online name-based background check on the CHOPRS – Criminal History Online Public Record Search portal. Conduct a search using the arrestee’s full name and complete date of birth. Providing a Social Security number is optional, but it helps streamline the search. Each record search attracts a $20 fee payable by credit card. Name-based requests can also be made by mail or in person. Mail-in requests for name-based background checks must contain the arrestee’s name, nicknames, aliases, maiden names, date of birth, or Social Security number. The mail package must also include a self-addressed, stamped envelope with a $15 processing fee per person, payable by check or money order. Send the mail package to the Montana Criminal Records. In-person requests can be made from Monday through Friday, from 8:30 a.m. to 4:30 p.m.
• Fingerprint: Requests can be submitted by mail or in person during business hours. The mail package must include the applicant's fingerprint card. Blank cards can be obtained from local law enforcement offices or Montana Criminal Records. Fill out the necessary information on the fingerprint card. The signatures of both the applicant and the official taking the fingerprints must be on the card. Enclose a self-addressed stamped envelope and the processing fee in the mail package. Applicants must not staple or fold the fingerprint card.
• Montana Department of Corrections (DOC): Recorder seekers can find public arrest records online or in person at any of the DOC facilities. Online requests can be made using the Offender Search tool. The search criteria are by DOC I.D. number or name.
• County Sheriff Offices: Most of these agencies have online portals where individuals can view arrest records for free. For example, the Gallatin County Sheriff’s Office has an Inmate Roster where requesters can find arrest records. Alternatively, inquirers can visit any Sheriff’s Office in person to request copies of arrest records, provided they have the necessary information to facilitate the search.
• City Police Departments: Individuals can call or visit a local police department during normal business hours to request arrest records. To process the request, the requester must provide the arrestee’s name or arrest date.

Individuals can obtain confidential arrest records through subpoenas. Per MCA Rule 45, requests for subpoenas to produce arrest records must be made in writing to the court handling the case. They must contain a brief statement to identify the specific records sought with specificity and name the specific law enforcement agency to be subpoenaed. A subpoena can be served by anyone who is not a case party or above 18. The notice of service must be provided to all parties within ten (10) days before the commanded production of the arrest records. Note that the law enforcement agency commanded to produce a designated arrest record does not need to appear in person at the place of production unless commanded to appear before the court. The law enforcement agency commanded to produce designated arrest records may serve on the case party or lawyer designated in the subpoena a written objection to produce the desired record. The law enforcement agency must serve the objection before the specified compliance time or 14 days after serving the subpoena. The issuing court may hold in contempt the law enforcement agency who, having been served, fails without adequate excuse to obey the subpoena.

How to Lookup Arrest Records Online in Montana

Montana citizens can look up arrest records online on state and local law enforcement agencies' websites. Specifically, the Montana Department of Corrections (DOC) provides arrest records online through its Offender Search tool. The search criteria are based on DOC I.D. number or name. Additionally, most County Sheriff's Offices have online portals where arrest records are disseminated to the public. For example, here is how to find arrest records online in Yellowstone County:

• Go to the Sheriff’s Office’s website.
• Click the “Inmate Search” link at the left navigation pane
• Conduct a search by name or booking number
• Solve the problem below the search area, and click on the Search button
• The search result will return appropriate results based on the search criteria.

Alternatively, requesters can look up arrest records online through third-party databases. Third-party vendors online provide name-based searches, but the search can return results for multiple jurisdictions. Individuals can retrieve basic arrest information for free, but comprehensive arrest reports come with a small fee. It is advisable to vet information retrieved on third-party sites to ensure accuracy.

How Long Do Arrests Stay on Your Record in Montana

Arrests where the offender is not convicted do not stay on the person’s record. They are automatically removed by the Montana Criminal Records & Identification Services Section (CRISS). However, arrests where the offender was convicted of the crime remain on record, except they are removed by expungement.

The Montana Secretary of State (SOS) provides information on the length of time some arrest records are maintained through the County Sheriff Records Schedule Manual:

• Arrest activity or reports are retained for 3 years
• Arrest warrant records until superseded, obsolete, recalled, or no longer needed.
• Arrest records (offender information) are retained until superseded, obsolete, recalled, or no longer needed.
• Case investigation files or records containing original arrest reports, citizen arrest records, copies of warrants, and booking sheets are retained based on the crime:
  • Homicide cases are destroyed after 75 years
  • Sexual felonies for 75 years while other felonies are retained for years
  • Missing person files are retained until cleared
  • Felony misdemeanors are kept until the case is disposed of if a warrant is issued
  • Misdemeanors are destroyed after 2 years
  • Non-criminal cases are destroyed after 3 years
• Notice to appear, including the name of the arresting officer, remains on record for 90 days after the filing date.
• Physical force records are retained as long as the case file
• Telecommunication messages pertaining to an arrest remain on record until obsolete, superseded, or no longer needed.

Expunge an Arrest Record in Montana

Pursuant to MCA § 46-18-1103, an expungement is defined as the permanent destruction, deletion, or erasure of an arrest record from the criminal history record information system maintained by the Montana Department of Justice (MT DOJ). Only non-conviction cases and certain misdemeanors are eligible for expungement in Montana. Per § 46-18-1104, a person convicted of one or multiple misdemeanor offenses in one or multiple cases or courts without prior expungements qualifies for expungement.

The Montana Criminal Records & Identification Services Section (CRISS) automatically removes all non-conviction arrest data according to MCA §44-5-202, and no Record Removal Form is required for cases that occurred after July 1, 2017. Arrest records prior to July 1, 2017, can be expunged by mailing a Record Removal Form alongside a Court Judgment to CRISS Expungement at:

Montana Criminal Records & Identification Services Section
2225 11th Ave.
P.O. Box 201403
Helena, MT 59620
E-mail: dojcriss@mt.gov
Phone: (406) 444-3625
Fax: (406) 444-0689

The CRISS will provide a confirmation letter to the applicant once the request is processed. The processing time is about 30 days.

Individuals arrested for misdemeanor offenses can file a Petition for Expungement in the District Court where the conviction occurred (MCA § 46-18-1105). The petitioner must serve a copy of the Petition for Expungement on the prosecution office responsible for the conviction (MCA § 46-18-1106). The prosecution office will notify any potential victims of the case within 14 days of receiving the petition. The District Court can either grant or not grant the order. If the petition is granted, the petitioner must go to a law enforcement agency to be fingerprinted on a blue applicant's fingerprint card (FD-258). The petition must download the Expungement Form located on the MT DOJ website. The Form, fingerprint card, and the Expungement order from the court must be mailed to the CRISS. The CRISS will verify that the petitioner does not have prior expungements. They will also verify the petitioner’s identity using the submitted fingerprint card. The CRISS will remove arrest/conviction data from the CCH if the verification is successful.

How Do I Find Recent Arrests in Montana?

Montana residents can access recent arrest information online or in person at law enforcement agencies. At the state level, recent arrest records can be retrieved from the Montana Department of Corrections (DOC) online using the Offender Search tool or in person at any DOC facility. Online requests are free but in-person requests might come with a fee, especially if the requester wants a copy of the arrest record.

Individuals can also find recent arrest information at County Sheriff’s Offices and Local Police Departments. Most County Sheriff's Offices have online platforms where requesters can inspect arrest records for free, while others only publicly disseminate arrest details. For example, the Park County, Rosebud County, and Lake County Sheriff’s Offices permit the public to view recent arrests through their Inmate Rosters.

Local police departments accept arrest records requests by phone or in person during normal business hours. Individuals can find the appropriate number on the website of the desired police department.

Are Montana Arrest Records Free?

Yes. Inquirers can access arrest records without charge from most County Sheriffs' and Montana Department of Corrections (DOC) websites. The DOC issues arrest records for free through its Offender Search portal. The search parameters are by DOC I.D. number or name. Most County Sheriff's Offices also have online portals where individuals can conduct arrest searches at no cost. For example, the Broadwater County Sheriff’s Office has an Inmate Roster that can be used to view arrest records of current inmates and inmates released in 48 hours. The search can be sorted by name.

Alternatively, record seekers can utilize external services for arrest record searches. Several third-party vendors have online portals where individuals can conduct name-based searches to retrieve arrest information from multiple jurisdictions in Montana. Unfortunately, third-party vendors only disseminate basic arrest information for free. Individuals seeking full arrest records must be willing to pay a small fee. This typically costs between $2.95 and $4.95 for seven (7) days of unlimited access or a monthly subscription charge ranging from $19.95 to $24.95.