Montana Criminal Court Records

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    Criminal court records provide an official, comprehensive narrative of a criminal case, from its inception until final disposition. These records are maintained within the Montana Judicial Branch to ensure due process and enhance the transparency of the judicial system.

    The Montana Judicial Branch operates a multi-tier court system that maintains criminal court records through various judicial divisions: the Montana Supreme Court, District Courts, and Courts of Limited Jurisdiction. Public access to criminal court records is governed by Montana state laws and court rules, which aim to strike a balance between the public's right to disclosure and the protection of individuals' privacy rights.

    Are Criminal Court Records Public in Montana?

    Yes. Criminal court records are generally accessible to the public, as stipulated in the Montana Public Records Act (M.C.A. 1-6-101 et seq.). However, public access is not absolute, as certain records are restricted by law or court order. Juvenile records, for example, are confidential and entirely sealed from public viewing.

    Other records include

    • Complete social security numbers (SSNs)
    • Complete financial account numbers
    • Full birth dates of any person
    • Documents deemed confidential by a federal or state law
    • Identities of crime victims in sexual and violent cases

    What Criminal Court Records Contain in Montana

    Montana criminal court records contain essential information about a criminal case. They include case identifiers, like the defendant's name, the filing and hearing dates, and the case title or number. Additionally, they consist of the following documents:

    • Indictments and other formal charging instruments
    • Motions
    • Court orders and judgments
    • Jury lists
    • Witness testimonies
    • Trial verdicts
    • Sentencing orders
    • Notices of appeal

    Sensitive or confidential information in a criminal court file is restricted from public access.

    Montana Criminal Court Records Search

    Montana criminal court record searches can be conducted through several channels, including online searches and personal visits to the courthouse. The Montana Judiciary Branch Trial Court Public Records Portal facilitates access to criminal cases in the state's district and limited jurisdiction (justice, city, & municipal) courts. Users access case records and calendars with a filing date, party name, or case number.

    Requesters can also access criminal court records on public computers at various courthouses, particularly where remote access is not available. In-person visits are also necessary to obtain older or archived records, as well as hard copies of documents. Obtaining certified documents or printed copies of court records may attract a fee.

    Free Access to Criminal Court Records in Montana

    No-cost options for accessing criminal court records in Montana include the Montana Judiciary Branch Trial Court Public Records Portal and public terminals available at various courthouses.

    Notably, free access may provide only limited information. Researchers often need to pay a fee to obtain copies of a court record, older cases stored in archives, or supporting exhibits. Those who cannot afford to pay may inquire about a fee waiver at the clerk's office, which may be available under the Montana court rules for indigent applicants.

    Sealing and Expungement of Criminal Court Records in Montana

    Sealing and expungement are two distinct approaches to mitigate the impact of criminal court records in Montana. These remedies aim to lessen the long-term consequences of criminal convictions by limiting access to a select group of authorized entities.

    Sealing is a legal remedy that restricts the public inspection of a case record. When a record is sealed, it is no longer open to the general public unless under specific circumstances. Sealing, however, does not physically destroy a record.

    Montana defines an expungement as the legal process of sealing and removing past convictions or charges from an individual's criminal record. Once expunged, the record will no longer appear on background checks, effectively making it as if the event never happened. Montana law permits the expungement of certain criminal convictions, mainly misdemeanors, provided all eligibility requirements are satisfied.

    How to Seal Criminal Court Records in Montana

    Sealing criminal court records in Montana is typically swift for cases that were dismissed or resulted in an acquittal or non-conviction. It follows a series of procedural steps that include the following:

    • Determine eligibility: Individuals seeking to seal a criminal record must first determine if the case meets the sealing requirements under the state's law.
    • File the petition: If all eligible criteria are met, the defendant can file a petition to seal records with the court where the case was initially heard, along with evidence of ''good cause' as to why the documents should be sealed. The defendant is also required to serve the petition on the prosecuting attorney, who may then choose to object or file a response.
    • Scheduled hearing: A hearing is typically scheduled at the court's discretion to review the petition request. During the court hearing, the defendant is required to argue with reasons and provide evidence why the record should be sealed.
    • Court order: When the request is reviewed and the judge grants the petition, a sealing order is issued to restrict public access to the records.

    Petition filing fees and costs associated with obtaining certification typically apply during the sealing process. However, one may qualify for fee waivers as an indigent applicant under the state's court rules.

    How to Expunge a Criminal Record in Montana

    In Montana, the expungement of a criminal record is a structured legal process. To qualify, the record must meet all statutory requirements, including the completion of a waiting period and fulfillment of the complete sentence. Below is the process for expunging misdemeanor convictions in Montana:

    • Identify Conviction: The petitioner must first request a criminal background check from the Montana Department of Justice (DOJ), Division of Criminal Investigation (DCI), to obtain their criminal history record.
    • Obtain the Court Judgment: Copies of the case's final judgment must also be obtained from the sentencing court.
    • File a Petition to Expunge: Eligible defendants can proceed to file the petition form, along with other required documents (such as the Certificate of Service and the Order Expunging Misdemeanor Records and Sealing Record of this Proceeding), with the court that heard the case. Individuals who cannot pay the petition fee can also file a Statement of Inability to Pay Court Costs and Fees.
    • Serve Documents: A copy of the petition request must be served on all prosecuting agencies listed in the Certificate of Service. The office of the prosecutor is legally required to notify all victims of the crime. Victims typically have formal rights to respond to the expungement request.
    • Court Review: A court hearing may be scheduled to review the petition and consider the arguments raised by the parties involved. Factors such as the waiting period of the offense and proof of the petitioner's rehabilitation are considered.
    • Court Order: After the case is reviewed and the petition is granted, a court order will be issued for the records to be erased. The petitioner must then complete and submit an official form, along with their fingerprints, to the Montana Department of Justice's Criminal Records and Identification Service for official expungement (See Request for Expungement section on the MT DOJ CRISS website). Additionally, a copy of the expungement order must be provided to relevant law enforcement agencies, courts, and county and city attorneys to ensure their records are sealed.

    Montana also allows the expungement of nonconvictions per MCA 44-5-202(8). Currently, there is no process for expunging felony convictions in Montana, except for some marijuana-related felonies.

    Criminal Records in Montana vs Court Records

    In Montana, criminal records (also known as criminal history records) and court records contain distinct information from different law enforcement agencies that perform various functions. The Montana Code Annotated (MCA) clearly states that criminal history records do not include court records or information.

    Criminal records are statewide histories maintained by Montana's Department of Justice and other local law enforcement agencies. These include records related to arrests, charges, convictions, dispositions, and detention/correctional information across the state's criminal justice system. Conversely, criminal court records are judicial files generated during the prosecution of criminal cases.

    In sum, while court records detail the legal proceedings regarding how a specific case was handled in court, criminal records provide a broad overview of an individual's interactions with the Montana state justice system.

    Requesting a Montana Criminal History Record

    Montana criminal history records are maintained by the Montana Department of Justice's Division of Criminal Investigation. The DOJ provides limited public access to its Criminal History Online Public Record Search (CHOPRS) for a fee ($20 per request). Individuals may also request an official copy of their criminal history to access certain employment opportunities or for other legal purposes. Access is also granted to authorized parties, including licensing boards, select employers, and law enforcement agencies.

    To obtain records, requesters are required to complete the designated request form, provide a valid means of identification, and pay the statutory processing fee to initiate the request. This process plays a vital role in granting users access to their own records while ensuring that individuals' privacy rights are protected by restricting unauthorized public access.

    How to Request a Montana State Background Check

    The Montana Division of Criminal Investigation is responsible for handling all background checks within the state. To request an official background check in Montana, applicants are required to complete the designated request form and submit fingerprints electronically, either on official fingerprint cards or through authorized vendors.

    Fingerprint-based identification is typically required to ensure accuracy and avoid mistaken identity, which often arises from the use of similar names or dates of birth. The applicant is also obligated to pay a processing fee, which varies from $15 to $35, depending on the type of check requested. Once the request has been processed, the results are directly sent by the DCI to the applicant or authorized agency.

    Active vs Archived Criminal Cases in Montana

    Active criminal cases in Montana refer to ongoing cases that are readily available on current court calendars and accessible via the Montana Judicial Branch's online case lookup portal. On the other hand, archived cases are older files that have been transferred to an archival institution. To access archived records, a written request must be submitted to the clerk of court that resolved the initial case. Additional processing time may be required to retrieve these records.