Montana Arrest Records

Are Arrest Records Public in Montana?

Yes. Chapter 6 of the Montana State legislature provides the general public access to all information generated by government bodies in written or electronic, print or non-print formats, except as exempted by statute. (2-6-101 et seq).

Although anyone may receive arrest information on charges relating to felony and misdemeanor, Montana's privacy laws provide some restrictions. So, anyone who wants to review a public arrest record must go through the arresting law enforcement agency. Note that records that have been deferred and later dismissed cannot be released to the public.

What is an Arrest Record in Montana?

In Montana, any individual or group caught in the act of, or suspected of contravening Montana State's penal code, may be arrested and made to undergo criminal proceedings for the violation(s).

After the arrest, the arresting officer will make a report on the entire incident. This report is written under the name of the person arrested. It contains personal details about the arrestee, the incidents leading up to the arrest, and the date of arrest. It also includes information on the booking, detention, and classification of the crime – felony, misdemeanor, or infraction. This entire document is called an arrest record.

Sometimes used along with a Montana criminal record, an arrest record does not mean that the individual committed a crime. It is simply a standard procedure for any arrested person. If there is sufficient proof of a crime, they will charge the case to the courts. Otherwise, the person is released. If the person were found not guilty of the charges for which they were arrested, this would be indicated in their arrest record.

What is Contained in an Arrest Record in Montana?

Arrest records are public documents detailing the events preceding and following an arrest. Typically, the information captured in an arrest record includes:

• Biographical Information: The suspect's full name, suspected aliases, age, birthplace, occupational status, date of birth, state identification numOkay.ber, social security number, etc.
• Physical Description: Race, sex, height, weight, hair color, eye color, scars/marks/tattoos, etc.
• Arrest and Booking Information: Date, time, and location of arrest, mugshot, fingerprints, booking number, date and time of booking, type of arrest, arresting entity, bail amount, time and manner of release, outstanding warrants (if any), etc.
• Crime information: This section contains the classification of the crime (felony, misdemeanor, or infraction), a chronological description of the crime incident (supported by data obtained from witnesses and victims). Additionally, the crime incident location, the next court date, and all criminal charges on which the suspect is held appear here.
• Details from the police interrogation.

Who Can Access Arrest Records in Montana?

As stated by the Montana Department of Justice website, two classes of people may access public records:

• Law Enforcement Organizations who wish to use it for criminal justice purposes.
• The General Public and citizens.

A person may access arrest records generated by local law enforcement agencies if they request the concerned law enforcement agency. The subject of the document, persons doing background checks, employers, government entities, legal representatives, bail bondsmen, an insurance company, or any other interested third parties, may make this request.

However, arrest records that fall under the following federal and state exemptions will not be released to the public:

• Records belonging to a juvenile suspect: For juveniles, only a parent, a person with a court order from the Juvenile Court, probation officer, or any other legally entitled party, may have access to them.
• Records which if released, will compromise the safety of a person involved in an ongoing criminal investigation.
• Records which if released, will hamper or compromise an investigation or related investigation.
• Records that have already been sealed or expunged.
• Arrest records of which the pending court case is settled already.
• Records protected by federal or state law.

Montana Arrest Statistics

The state of Montana boasts a population of over one million people, making it the 44th and 48th largest state in terms of population and population density, respectively, in The USA. The Montana Board of Crime Control (MBCC) provides crime data compiled, stored, and analyzed by The Montana Statistical Analysis Center, sourced from across the State of Montana's justice system in the Montana Incident-Based Reporting System (MTIBRS) central archives.

The crime data reports show that in 2020, 34,805 arrests were made (not including drug-related arrests).

Property crimes were the leading cause of arrest in 2020, a 15 percent increase from 2019, with about 18,295 arrests for larceny-theft alone.

Violent crimes saw a 13 percent increase, with 3,819 arrests made for aggravated assaults, 501 for rape, 275 for rape, and 50 for murder and manslaughter.

Regarding drug-related arrests, there was a significant decrease, except opioids and heroin, which increased by 14.6% and 87.6%, respectively, in 2020. DUI- related arrests also dropped significantly in 2020.

Obtaining Montana Public Arrest Records

A Montana arrest search offers inquirers a means of accessing arrest record information from the agencies concerned. An arrest search requires the requestor to furnish the custodian agency with details of the arrest and the inmate’s information. However, selected arrest information may be restricted from public disclosure, especially where details of the arrest may interfere with an ongoing investigation or threaten peace and national security.

How Do I Look Up Someone's Arrest Record in Montana?

In Montana, arrest records are usually in the custody of the law enforcement entity responsible for the arrest. Often a local police department or county sheriff's office. For anyone looking to find a person's arrest record in Montana, the first point of call should be either the local Sheriff's office or the police department responsible for the arrest. This procedure and fees might differ depending on the county. Also, some offices allow the application to be made via online forms downloaded from their website. Others require the physical presence of a requester before the documents are released. Given all these, it is advisable to check their official website for specific information and procedures concerning reviewing arrest records.

A local law enforcement agency will require a requester to provide sufficient information about themselves and the detainee. Such information will include the full name, date of birth, case number or booking number of the detainee, full name, valid means of identification, and contact information (including phone number and mailing address) of the requester. These local agency searches are not free of charge.

Asides from arrest records, individuals' local or state criminal documents may also be searched online. Montana's Division of Criminal Investigation, a branch of the Montana Department of Justice, maintains the CHOPRS system, the Montana statewide repository for criminal records. The system uses records from law enforcement, state prisons, and courts to store and make available arrests and conviction records in Montana. The services provide electronic access to criminal history information, as defined in Section 44-5-301 of the Montana Code Annotated. However, individuals who wish to request the search service must pay a $20 fee.

How to Subpoena Arrest Records in Montana

In Montana, a subpoena is a court-issued document that commands the person to whom it is directed to do particular bidding at a specified time and place. This bidding could be to attend a hearing, testify at a hearing, produce designated documents, other electronically stored information, or material things in that person's charge or under their control, or permit the inspection of premises.

In Montana, under the Public Records Act, the general public is granted access to arrest records. This right, however, is not all-encompassing. Records that are prohibited from public disclosure according to the State statutes need the subpoena to be released.

To subpoena an arrest record in Montana, firstly, the individual downloads and fill a subpoena form as accurately as possible. Afterward, they take it to the court clerk for issuance (i.e., signing and stamping). Afterward, the individual must serve it on the records custodian of the concerned police department or Sheriff's office.

Individuals may download most state court subpoena forms and packets online. Another way to obtain the form is to open the Montana Department of Justice website and type "subpoena" into the search box. The search results make provision to download the relevant forms. To specifically subpoena an arrest record, use the subpoena duces tecum form.

To serve a police department or Sheriff, a person may need to pay a non-refundable processing fee before. The process server, or anyone over 18 years, can deliver the subpoena by hand to the custodian. After serving the subpoena, the server must file a Proof of Service (usually contained in a subpoena forms packet) with the court.

A person may consult a lawyer to guide them and ensure that they fulfill all legal requirements.

Following the procedure and exceptions listed at 41-5-216, MCA, juvenile records will no longer be available for public inspection once physically sealed (on their 18th birthday). However, the only juvenile records available for public viewing subject to the above condition are reports of preliminary inquiries, petitions, motions, court findings, filed pleadings, court verdicts, and orders and edicts on file with the clerk of court.

How to Search for an Inmate in the Montana Prison System

The Montana Department of Corrections is the state agency that manages and oversees state prisons and community corrections programs. Montana prison system comprises state prisons, secure adult facilities, adult community correction, youth services divisions, and youth community corrections. The correction sections serve as rehabilitation programs.

Primarily, there are three ways to search for an inmate in Montana Jail.

• Call the jail directly.
• Use the Montana Department of Corrections Inmate Search
• Via the inmate roster. The inmate roster would depend on the county where the inmate is incarcerated.

To search for information and data on an inmate within the Montana prison system, an individual may use the offender search tool provided by the Montana department of corrections. To conduct this search, a person must possess:

• Department of corrections ID number for the inmate.
• First and last names of the inmate.

For more precise searches, a person may use the inmate lookup tools found on the websites of county sheriffs. A person may retrieve data about an inmate's identity, the arrest charge, booking, bail, address, and case information from such sites.

To search for an inmate whose crime is known, a person could use a more specific search query. For instance, a person who wants to find information on a known sexual or violent offender could search the sex or violent offender registry provided by the Montana department of justice. The information required may include the offender's name, birthdate and birthplace, place of residence, and other physical descriptions like height, skin tone, eye color, etc.

However, note that records on juvenile inmates cannot be gotten via online search methods.

The searchable criminal history information database contains arrest records, detentions, criminal sentences, criminal records, correctional status, etc. However, it only contains Montana criminal history information and does not include those from other states.

How Do I Find Out if Someone Was in Jail in Montana?

Due to state statutes, arrest and criminal information will at some point get erased from the online public database. This means that the online tools used to search for inmates will mainly provide information about present inmates. Unfortunately, the state of Montana does not have a central repository for past inmates. Anyone who wants to find out if someone has been incarcerated or imprisoned must query the police department, the supervising Sheriff, or the MDC.

How to Find Recent Arrests in Montana

In Montana, recent arrests are listed by respective law enforcement agencies for their specific jurisdictions. These agencies outline all arrests in a log or roaster available for public viewing on their respective website. Alternatively, inquirers may query the administrative office of the agency for information on persons recently apprehended or incarcerated.

How Long Do Montana Arrest Records Stay on File?

Montana's statutes do not outline a standard period for the retention of arrest records. However, Montana has a fair credit reporting act in place. This act prevents records of arrest, indictment, or conviction of a crime or any other adverse item of information from going back beyond seven years of criminal history, starting from the date of disposition, release, or parole.

The purpose of this law is to protect people who may experience job discrimination due to their criminal history, even if they have turned a new leaf.

Still, some exceptions exist for cases involving an escapee who has not been apprehended, homicide, sex crimes, or crime involving children.

What Difference is Between an Arrest Warrant and an Arrest Record?

Simply put, arrest records are official documents put together by an arresting officer after apprehending a suspect. This arrest report supplies information on the arrested person and the incidents leading up to the arrest.

If an arresting officer has suspicion or probable cause to believe that a person committed or is affiliated with a particular crime, they may request a court to issue an arrest warrant for that person.

While a typical troupe of both arrest warrant and arrest record is that they are both not proof of crimes and may not necessarily lead to sentencing, Two significant differences between them is that:

• An arrest record is generated by a law enforcement entity. On the other hand, a licensed court judge or magistrate issues a warrant at the request of a police officer or district attorney. We can say that an arrest warrant paves the way for the creation of an arrest record.
• An arrest warrant empowers law enforcement to arrest a person suspected of a crime or to search and seize said person's property. In contrast, an arrest record is a document that can only be created after an arrest has been made.

Are Arrest Reports Public in Montana?

A Montana arrest report is an official document that thoroughly explains the circumstances of an individual's detention, including the alleged crimes, evidence, and statements from involved parties. Conversely, an arrest record is a brief summary of a person's arrest history, containing essential details like dates and charges.

How to Obtain Arrest Records for Free in Montana

To view an arrest record for free in Montana, visit the local police website or the website of the county sheriffs for recent arrest information or the state-provided criminal search website. The only disadvantage is that the results are state-based. But they are free and publicly accessible.

Another means for an individual to retrieve this information is to visit the local Sheriff's office and search for recent arrests records. Also, suppose the court hearing has taken place. In that case, a requester might call the court and request relevant documents, including a transcript of the proceedings. This request might come at a small cost for reproduction.

How to Search for Montana Arrest Records Online Using a Third-Party Search Service.

On some occasions, it might be challenging to find a paper copy of an arrest record online through official databases maintained by law enforcement. Under such circumstances, individuals may decide to use third-party search services to acquire the information they seek without delay or long processing times.

The state of Montana does not prohibit the use of third-party criminal history checks. But the condition is that they do not violate any federal or state laws in the process.

To locate an arrest record via a third-party search service, the requester will often need to navigate to the preferred site with their web browser. They will input the record owner's first and last names into the search fields indicated on the site.

In most cases, the use of third-party search sites requires a fee payment. Depending on the providers, it could be a one-time payment or a subscription.

How to Correct an Arrest Record in Montana

Supposing a person discovers inaccuracy in the information on their arrest record. The person should first bring such notice to the attention of the arresting agency from which the document originates, i.e., the law enforcement department or Sheriff's office responsible for the arrest.

Each agency has its procedure to handle such incidents. Some agencies have a downloadable form that affected individuals can download, complete and submit online or in person. There may be an official fee attached to this process.

If a subject requests a correction, it is the subject's responsibility to prove that the previous information is incorrect. So after scheduling an appointment with the Sheriff's office, they will bring along their driver's license and social security number and have their fingerprint taken. After comparing previous data with the new data, the unit will have to draft and file new and appropriate data if the Crime Scene Unit discovers no match.

In other cases where mistakes originate from a clerical error, a person may prove the mistake by obtaining certified court documents.

How to Expunge Arrest Records in Montana

Under Title 46, Chapter 18, Part 11, called the Misdemeanor Expungement Clarification Act, to expunge means to perpetually wipe out, delete or strike out the record of a person's offense from the state's criminal history record information system. According to the same source, a record means any identifiable description, arrest information, court document, etc., excluding fingerprints.

Montana Misdemeanor Expungement Clarification Act entitles individuals to petition the district court for an order requiring the expungement of misdemeanor offense(s).

An eligible person may request for expungement for misdemeanor offenses only once in their lifetime. The procedure to request for expungement is as follows:

• The individual will file a petition with the District Court for an order to expunge qualified misdemeanor records.
• The petitioner's counsel notifies the prosecution office responsible for the conviction.
• The prosecution office alerts any casualties.
• The District Court decides whether to grant the order. At least five years must have passed between the last conviction and the application for expungement.
• If the court grants the order, the petitioner will go to law enforcement. The law enforcement will take their fingerprint on a blue applicant fingerprint form (FD - 258).
• The petitioner will then retrieve the Expungement Form located on the Montana Department Of Justice website
• The petitioner will mail in their fingerprint card, expungement form, and a court order to the Criminal Records and Identification Services Section (CRISS). The mailing address is Post Office Box 201403, Helena, Montana 59620.
• The CRISS will verify that the petitioner has not utilized this expungement law previously. A person is only entitled to one expungement in their lifetime, per the law).
• The CRISS will also authenticate the individual's identity by using the submitted fingerprint card.
• If confirmed that the petitioner has not utilized this law previously and the ID is validated, CRISS will remove their arrest and conviction data from the CCH.
• The petitioner waits 30 days for processing.

Montana's law allows a person to petition to expunge every misdemeanor on their record at once. After the expungement of a record, all government offices that contain the files must delete them, only keeping the fingerprints.

Under some conditions, the court may reject a request for expungement. Also, note that felony charges and sex crimes are ineligible for expungement unless a court has dismissed those charges.