Montana Public Records
The Montana State Records mission is to grant every individual the right to detect, obtain, examine and preview public records, thus ensuring Montana residents are provided access in accordance with the Montana Public Records Act.
According to Montana public records laws, every citizen of the United States is empowered to file for and gain access to all publicly available records without having to present any sensitive materials, personal information, or a reason for wanting the record in question.
Montana State Records offers information about the following subject matters: criminal records, court records, and vital records as well as over 9.5 million additional public records.
Are Montana Records Public?
Yes. Except where exempted by law, most of the records generated or maintained by Montana government officials are open to the public. The Montana Public Records Act defines public records as any public writing or item received or sent in connection with official business transactions. Montana public records produced by government bodies may exist in different forms, including photographs, videotapes, and electronic mail.
What is Considered Public Information in Montana?
Public records in Montana include:
- Montana inmate records
- Montana sex offender records
- Public Montana arrest records
- Montana court records
- Public Montana property records
- Montana divorce records
- Montana death records
- Public Montana birth records
Under the Public Records Act for Montana, anyone can request public documents. Individuals needing data can place a Public Records Act request and conduct public data searches under Montana's open records law. While one can carry out a degree of free public data search, copies of records may require extra cost.
How Do I Find Public Records in Montana?
The state of Montana records law grants its citizens access to public records as a legal right. Montana constitution specifies access for any interested member of the public and this supersedes the records law. Requesters can find needed information by following these steps.
Step 1: Determine the type of record required.
Many types of records exist in the state of Montana. Record requests must be based on detailed knowledge of the exact information required and the specific type of records. This is vital in avoiding vague and confusing record requests.
Criminal History Records: These types of records comprise information ranging from arrests, convictions, imprisonments to probation statuses of different Montanan citizens. The Montana Department of Justice is the primary custodian of criminal history information for the Montana State. They receive and process records requests from interested members of the public. These requests attract non-refundable fees depending on the specific request type. Requests can be named-based or fingerprint-based.
Vital records: These types of records retain and maintain information on events of daily life. Information on such events as births, marriages, divorces, and deaths are captured and recorded for the state of Montana. The Vital Records Office under the auspices of the Montana Department of Public Health and Human Services is responsible for these records.
Court records: Information from the Montana court records consist of documents from civil and criminal court proceedings. Other examples of information available from this records category are transcripts of hearings, dockets, and information associated with court administrative processes. Public court records for the state of Montana are retained and archived by the Office of the Court clerk for the local court under Montana Judicial Branch.
Step 2: Determine the government agency with the records.
The State of Montana has many different public records that are retained and maintained by various public agencies or departments. These records can be readily retrieved by identifying the specific public agency officially responsible for maintaining those particular records. In Montana, for example, vital records are maintained by the Vital Records Office under the Montana Department of Public Health and Human Services, information on agriculture is compiled and maintained by the Montana Department of Agriculture, while revenue and tax records are held in the custody of the Montana Department of Revenue. To obtain any record that is accessible, members of the public can reach out to the state department responsible for records sorted directly.
Step 3: Determine accessibility.
The state records law provides no specific list of exemptions. The general basis for exemptions centers on the right to privacy of an individual. The law, however, overrules an individual's right to privacy if greater public interest can be clearly proven to exist. Requesters must, therefore, determine the accessibility of the records containing their required information. Also, because of the case-by-case approach adopted by the courts, an attorney may be required to determine if records are exempt or not. Some of the exemptions may be accessible to authorized persons such as the subject of the records themselves. The subject of an exempted record may also choose to waive confidentiality and grant access to the requester. Accessibility to birth and marriage certificates may not be possible until after thirty years. The immediate relatives of the subject of an exempt records request may also be authorized to have access at a fee.
Certain records may be under seal and thus, exempt from public disclosure. Examples of exempt records include private criminal history records. Montana law enforcement officers can have legal access to records under seal. The members of the public can only access records under seal when backed by court order upon showing good cause.
Step 4: Determine the Availability.
Montana constitution and records law maintain strict legal positions on the right of individuals to access public records. Although online and physical access is available, nevertheless, not all records may be entirely retrievable via online means. The State’s broad exemptions guidelines may also obstruct access to certain categories of records without recourse to legal actions. Certain records may require the requester to show up physically at the address of the public agency in custody of the records.
Step 5. Contact the Record Holder
Making a records request:
Most public agencies in Montana make provision for requesters to initiate their record requests remotely (online). Standardized online request forms are usually made available by these agencies as well. Requests for law enforcement information may necessitate a declaration of purpose by the requester (that is whether such purpose is professional, business, or official in nature). Requests can be submitted in person. It may also be sent by mail, hand delivery, email, or fax.
Providing a valid ID for records on self:
The requester can be required to provide a valid means of identification. For example, to acquire a Montana birth or death certificate, a list of suggested identification is required. This identification must either be:
- A photo ID with visible signature, or
- Two forms of ID with one of them bearing a signature.
In the absence of these, a notarized Montana Office of Vital Statistics Statement to Identify Certified Birth or Death Certificate Applicant form can be used. However, only the original letter is acceptable.
Payment of fees:
Montana laws clearly disallow the designated records access officer from charging any fee to view records. The Secretary of State can, in line with the law, set the fee limits. He can also determine filing and copying fees for the requested records, which must be paid in advance and documented. Electronic fees are broadened to include charges for equipment use, database maintenance, duplication means, and hourly labor (after the first half-hour). It may also take into account the time required to collate the information as well as any customization of records agreed upon. Fees are also not charged to public officers or legislative members who request records in the course of executing their duties
Some public records may also be accessible from third-party websites. These non-government platforms come with intuitive tools that allow for expansive searches. Record seekers may either opt to use these tools to search for a specific record or multiple records. However, users must typically provide enough information to assist with the search such as:
- The name of the subject involved in the record (subject must be older than 18 or not juvenile)
- The address of the requestor
- A case number or file number (if known)
- The location of the document or person involved
- The last known or current address of the registrant
Third-party sites are not sponsored by government agencies. Because of this, record availability and results may vary.
How to Use Third-Party Sites to Find Public Records Montana
City Records
Public city records may also be accessible from third-party websites. These non-government platforms come with intuitive tools that allow for expansive searches. Record seekers may either opt to use these tools to search for a specific record or multiple records. However, users will need to provide enough information to assist with the search such as:
- The name of the subject involved in the record (subject must be older than 18 or not juvenile)
- The address of the requestor
- A case number or file number (if known)
- The location of the document or person involved
- The last known or current address of the registrant
Third-party sites are not sponsored by government agencies. Because of this, record availability and results may vary.
Public Records
Public records can also be accessed from third-party websites. These third-party public records aggregate websites offer search services that are non-geographically limited, making the search result expansive and typically straightforward. However, users will need to provide enough information to assist with the search, such as:
- The name of the subject involved in the record as long as the subject is not a juvenile
- The last known or location of the record subject
Third-party public records search websites are not government-sponsored services. Therefore, the availability and accuracy of results can vary.
How Do I Look Up Public Records in Montana for Free?
Access to free Montana public records varies with different agencies. While some government offices provide public terminals where residents can view records for free, others charge a fee for copies. Generally, most of the records provided online can be viewed at no cost. For instance, the Montana Department of Justice maintains an online portal that contains public information on sex offenders. Anyone can look up these records for free. Similarly, the Montana Department of Correction provides free and open access to an inmate locator tool. Also in the case of inspection of records, one can carry out a free data search. Record seekers can search for inmate information using a full name or a known ID number. Individuals seeking data accessible to the public can also contact the county clerk's office or the county recorder’s office.
Montana began creating public records as far back as 1907, and these records typically contain information from all 56 counties. Digitization of records is becoming the standard. This process has taken place over the last 30 years. This means government and third-party organizations are offering these records with increased reliability, thereby ensuring Montana abides by the commitment of the United States of America to remain a fair and just society for all.
