Montana Arrest Records

Montana arrest records are official documents containing information on all state arrest events. They typically reveal arrest-related data like the accused's name, arrest date, and location. Arrest events are legal procedures for apprehending persons suspected of violating state or federal statutes. Arresting officers may conduct arrests with or without an arrest warrant.

Arrestees are sometimes booked and detained in a county jail pending the outcome of further investigations.

Accessing records is generally possible through local agencies, such as the Yellowstone County Sheriff's Office, the City of Missoula Police Department, or the Gallatin County Sheriff's Office. That's because Montana's law enforcement agencies serve as primary custodians of arrest records. These agencies create arrest records after conducting an arrest or during the booking process.

Are Arrest Records Public in Montana?

Most arrest records in Montana are accessible to the public. The Montana Public Records Act allows public access to records maintained by government officials. Under the law, any party may 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 requires record custodians to provide options for the public to obtain such records.

However, the law redacts certain arrest records from public view. Such records typically include information that may violate the privacy and safety of concerned parties. In such cases, the record subject and authorized personnel may view confidential arrest records. MCA § 44-5-103(3) outlines arrest records that are exempt from public access:

• 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

Montana Arrest Statistics

The FBI's Crime Data Explorer is an online database for all reported arrest events in Montana. Per the database, Montana's arresting agencies made 29,733 arrests in 2023. The report revealed that officers reported the highest arrests for simple assaults, larceny thefts, and driving under the influence. Based on gender, officers arrested 19,842 males and 9,874 females. The table below outlines the number of arrests per offense type.

Montana 2023 Arrest Statistics

Find Public Arrest Records in Montana

Individuals may inspect or obtain copies of public arrest records from most law enforcement agencies in Montana. These agencies typically allow public access to arrest records via online or offline request options. However, the agency restricts unauthorized access to confidential arrest records. For example, the Missoula County Sheriff's Office disseminates confidential criminal justice information through its records department at MCSOrecords@missoulacounty.us.

Interested parties may find arrest records through these agencies:

Montana Department of Justice (DOJ)

Individuals may find public arrest records by requesting a criminal records background check from the DOJ's Division of Criminal Investigation. The division charges between $10 and $35 for this service. Requesters may conduct a background check via name- or fingerprint-based checks.

• Name-based inquiries
  Public users may conduct an online name-based background check on the agency's CHOPRS – Criminal History Online Public Record Search portal. Inquirers may be required to provide the arrestee's name or birthdate to view records on the portal. Note that adding a social security number may boost the accuracy of the search result. The portal charges a $20 credit card fee per search. In contrast, inquirers may conduct name-based inquiries via mail or in person. Mail-based requests must include a written request and a $15 processing fee in a self-addressed, stamped envelope to the agency at:
  Montana Criminal Records
  P.O. Box 201403
  Helena, MT 59620-1403
• Fingerprint-based requests
  The DOJ accepts fingerprint-based requests via mail or in person. Inquirers using this option may visit their local arresting agency to get fingerprinted. Next, they may fill out other required details on the card before sending it via mail or in person to the agency's address.

Montana Department of Corrections (DOC)

Record seekers are able to find public arrest records online or in person at any of the DOC facilities. The agency maintains a search portal for arrestees held in state-owned correctional facilities. Inquirers may conduct searches by providing an arrestee's name or DOC I.D. number.

County Sheriff Offices

Some local arresting agencies have online search portals for recent arrestees. For example, the Gallatin County Sheriff's Office has an online Inmate Roster for arrestees held in the county jail. Alternatively, record seekers may make inquiries for arrest records by visiting an arresting agency's physical location.

City Police Departments

Individuals may call or visit a local police department during normal business hours to request arrest records. To process the request, the requester may provide the arrestee's name or arrest date.

Public members may use subpoenas to access confidential arrest records. Per MCA Rule 45, you may request a subpoena by submitting a written request to a court of competent jurisdiction. The request may include the record name and the specific agency to be subpoenaed.

Any person above 18 may serve a subpoena. 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 required to produce the record may file an objection to the subpoena. The agency may serve the objection before the specified compliance time or 14 days after serving the subpoena. Note that the issuing court will hold an arresting agency in contempt if they fail to obey the subpoena.

How to Look Up Arrest Records Online in Montana

Montana citizens may look up arrest records online through searchable databases maintained by local- and state-level agencies. For instance, the Montana Department of Corrections hosts an online search portal for inmates held in state-level correctional centers. Some county sheriff's offices also maintain online arrest logs or inmate rosters. Inquirers typically access online records by visiting an arresting agency's website and filling in the required details. For example, you may use this step-by-step guide to look up records in Yellowstone County:

1. Go to the Sheriff's Office's website.
2. Click the "Inmate Search" link at the left navigation pane
3. Conduct a search by name or booking number
4. Solve the problem below the search area, and click on the Search button
5. The search result will return appropriate results based on the search criteria.

Alternatively, requesters may look up arrest records online through third-party databases. Third-party vendors allow inquirers to conduct name-based searches for arrest records. That being said, these sites may offer free access to basic arrest information but charge fees for comprehensive arrest reports. Note that these websites operate outside government jurisdiction and, as such, may not offer accurate information.

What is Included in Montana Arrest Records?

Per MCA 44-5-103(13), public arrest records in Montana may include the following information:

• Mugshot
• The arrestee's first, middle, and last names
• Arrestee's physical description, such as birthdate and location, age, gender, race, and body markings.
• Booking ID, date, and time
• Jacket number, housing unit
• Charge details (charges, crime type, and bond)
• Arresting agency and officer's name.

How Long Do Arrests Stay on Your Record in Montana

In Montana, arrests have a limited lifespan or visibility on your public records. The DCI will automatically remove information on arrests that did not lead to criminal convictions. However, you may file a petition to expunge criminal conviction records after fulfilling the legal requirements.

The Montana Secretary of State (SOS), via the County Sheriff Records Schedule Manual, provides information on the duration of arrest information in public files. The manual outlines the following duration for arrest records:

• Arrest activity or reports are retained for 3 years
• Arrest warrant records are kept 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 and sex-related felonies have a 75-year lifespan.
  • Felony misdemeanors are kept until the case is disposed of if a warrant is issued
  • Misdemeanors have a 2-year lifespan.
  • Non-criminal cases have a 3-year lifespan.
  • 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

Montana laws define expungement as the permanent removal of arrest information from publicly accessible official domains. Only non-conviction cases and certain misdemeanors are eligible for expungement in Montana. Per § 46-18-1104, a person is eligible for expungement if convicted of one or multiple misdemeanor offenses.

The state automatically removes non-conviction data for cases that occurred after July 2017. To expunge arrest records prior to the date, inquirers may mail a Record Removal Form to the CRISS at:

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

It takes 50 days for the agency to process the request. Inquirers will receive a confirmation letter after the request is processed.

Persons seeking to expunge misdemeanor conviction records may follow these steps:

1. File a Petition for Expungement in the District Court where the conviction occurred (MCA § 46-18-1105).

2. Next, serve a copy of the petition to the prosecutor's office responsible for the conviction. The prosecutor is legally required to notify crime victims within 14 days of receiving the petition.

   The court will set up a hearing date to determine whether to grant or deny the request. If the petition is granted, the petitioner may go to a law enforcement agency to be fingerprinted on a blue applicant's fingerprint card (FD-258).

3. Next, the petitioner downloads and fills out the expungement form on the Montana DOJ website.

4. Once this is completed, the petitioner should file the form, fingerprint card, and expungement order to the DCI.

   The agency will check that the petitioner does not have prior expungements. They will also verify the petitioner's identity using the submitted fingerprint card. If the verification is successful, the CRISS will remove arrest/conviction data from the CCH.

How Do I Find Recent Arrests in Montana?

Montana residents may access recent arrest information online or in person at law enforcement agencies. At the state level, recent arrest records are retrievable 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 might also find recent arrest information at county sheriff's offices and local police departments. Most county sheriffs have online platforms where requesters may inspect arrest records for free, while others only publicly disseminate arrest details. For example, the Park County sheriff office maintains online inmate rosters that contain some arrest information.

Local arresting agencies may disclose recent arrest information through in-person or phone-based inquiries.

Are Montana Arrest Records Free?

Yes, inquirers may access arrest records without charge from most local- and state-level agencies. These agencies may offer free online search platforms for arrest information. For instance, the DOC issues arrest records for free through its Offender Search portal. Inquirers may fill in the arrestee's name or DOC I.D. number to view records on the portal. The Broadwater County Sheriff's Office is another example, as it features an inmate roster for viewing arrestees released in the last 48 hours.

Alternatively, record seekers may utilize external services for arrest record searches. Several third-party vendors have online portals where individuals may 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 should be willing to pay a small fee. Such searches typically cost 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.