Montana Arrest Records

Is Montana an Open Arrest Records State?

Montana is an open arrest records state pursuant to Montana Code Annotated § 2-6-1003, which establishes the public's right to access government records. This status means that arrest records in Montana are considered public information and are accessible to the general public with certain limitations. The transparency of arrest records is rooted in Montana's constitutional commitment to the principles of accountability and openness in government operations as outlined in Article II, Section 9 of the Montana Constitution, which states that "no person shall be deprived of the right to examine documents or to observe the deliberations of all public bodies or agencies of state government and its subdivisions."

The legal framework that makes arrest records public in Montana is designed to support the public's right to know while balancing individual privacy rights under Montana Code Annotated § 2-6-1006. Certain sensitive information may be redacted to protect the privacy of individuals involved in arrest incidents, particularly in cases involving minors, sexual assault victims, or ongoing investigations as specified in Montana Code Annotated § 44-5-303.

How to Look Up Montana Arrest Records in 2025

To obtain Montana arrest records, several methods are available to members of the public. While arrest records can be accessed online through the Montana Public Access Portal, it is important to consider all available options to ensure comprehensive research. The primary methods to search for arrest records in Montana include:

Online databases: The Montana Department of Justice maintains electronic resources that offer access to arrest records through their Criminal Justice Information Network.
Local law enforcement agencies: Members of the public may visit local police departments or sheriff's offices to request arrest records in person. Many agencies maintain public terminals for this purpose.
State repositories: The Montana Criminal Records Repository, operated by the Department of Justice, holds extensive archives of arrest records that can be accessed upon formal request.

Montana Department of Justice - Criminal Records
2225 11th Avenue
Helena, MT 59620
(406) 444-3625
Montana Department of Justice

Public counter hours: Monday through Friday, 8:00 AM to 5:00 PM, excluding state holidays.

Contents of a Montana Arrest Record

Montana arrest records typically include a variety of information relevant to the arrest and the individual involved, as prescribed by Montana Code Annotated § 44-5-103. Key elements found in these records are:

Personal Information: Full legal name, date of birth, physical description, and mugshot of the individual.
Arrest Details: Date, time, and location of the arrest, as well as the circumstances leading to the arrest.
Charges: Specific details of the charges filed against the individual, including statute citations and offense classifications.
Arresting Agency: Information about the law enforcement agency that made the arrest, including the names of arresting officers.
Bail/Bond Conditions: If applicable, details about bail or bond conditions set by the court, including monetary amounts and special conditions.
Case Disposition: Information regarding the outcome of the case, if available, including court dates, plea information, and sentencing details.

Pursuant to Montana Code Annotated § 44-5-301, certain information may be restricted or redacted from public arrest records to protect ongoing investigations or individual privacy rights.

Understanding the Montana Open Records Act

The Montana Open Records Act, codified in Montana Code Annotated § 2-6-1001 et seq., is a critical piece of legislation that governs the accessibility of public records, including arrest records, within the state. This law ensures that the public has the right to access records held by government bodies, thereby promoting transparency and accountability in governmental operations.

The Act specifies that all public records shall be open to inspection by any person during normal business hours of the custodian of the records. Under Montana Code Annotated § 2-6-1006, agencies may charge reasonable fees for the duplication of public records, but inspection of records must be provided at no cost.

Exceptions to public disclosure are narrowly defined and include:

Records that are constitutionally protected from disclosure because the demands of individual privacy clearly exceed the merits of public disclosure
Records related to ongoing criminal investigations where disclosure would interfere with the investigation
Records specifically exempted from disclosure by state or federal law

The Montana Department of Administration provides oversight for compliance with the Open Records Act and may issue advisory opinions regarding disputes over access to public records as authorized by Montana Code Annotated § 2-6-1012.

Expungement of Arrest Records in Montana

In Montana, the expungement of arrest records is possible under specific conditions as outlined in Montana Code Annotated § 46-18-1101 through § 46-18-1111. The eligibility criteria and process include:

Eligibility: Individuals may petition for expungement if their arrest did not lead to a conviction, charges were dismissed, or they were acquitted. Additionally, certain misdemeanor convictions may be eligible for expungement after a waiting period, typically 5 years after completion of the sentence.
Application Process: Pursuant to Montana Code Annotated § 46-18-1104, individuals must file a petition in the court where the arrest or conviction occurred. The petition must include specific information about the case and reasons for seeking expungement.
Judicial Review: A judge will review the petition and may hold a hearing to determine whether expungement serves the interests of justice. The court will consider factors such as the nature of the offense, the petitioner's criminal history, and rehabilitation efforts.
Effect of Expungement: If granted under Montana Code Annotated § 46-18-1108, the arrest is deemed not to have occurred, and records are removed from public access. Law enforcement agencies and courts are required to seal or destroy records related to the expunged arrest or conviction.

Montana Judicial Branch
215 North Sanders Street
Helena, MT 59620
(406) 444-3660
Montana Courts

Public counter hours: Monday through Friday, 8:00 AM to 5:00 PM, excluding state holidays.

How to Find Local Arrests in Montana?

Finding local arrests in Montana involves several approaches authorized under Montana Code Annotated § 44-5-301. Local law enforcement agencies are a primary source of up-to-date arrest information. Most sheriff's offices and police departments provide arrest logs and press releases that inform the public about recent arrests.

Members of the public may access local arrest information through:

Sheriff's Office Websites: Many county sheriff's offices maintain online databases of recent arrests and outstanding warrants.
Police Department Records Divisions: Local police departments maintain public arrest logs that can be reviewed in person during business hours.
County Detention Centers: Jail rosters are typically public information and may be accessed online or in person.
Local Media Resources: Local newspapers and media outlets often report on significant arrests and crime reports, which can be another resource for tracking local arrest activities.
Community Notification Systems: Some jurisdictions offer email or text alerts about significant law enforcement activities, including arrests for serious crimes.

Missoula County Sheriff's Office
200 W. Broadway Street
Missoula, MT 59802
(406) 258-4810
Missoula County Sheriff

Public counter hours: Monday through Friday, 8:00 AM to 5:00 PM, excluding county holidays.

Yellowstone County Detention Facility
3165 King Avenue East
Billings, MT 59101
(406) 256-6881
Yellowstone County Sheriff

Public counter hours: Monday through Friday, 8:00 AM to 5:00 PM, excluding county holidays.

Search Arrest Records in Montana

Counties

Big Horn Broadwater Carbon Cascade Chouteau Dawson Flathead Gallatin Meagher Missoula Ravalli Silver Bow Sweet Grass Valley Yellowstone