Arrest records in Carbon County, Montana are classified as public information pursuant to Montana's Public Records Act (§ 2-6-1001 et seq., Montana Code Annotated). These records are accessible to any member of the public unless specifically sealed by court order or protected under state privacy laws. The Montana Constitution, Article II, Section 9, establishes the public's "right to know" and mandates transparency in governmental operations, which extends to law enforcement activities including arrests.
The Carbon County Sheriff's Office maintains these records as part of their statutory duty to document law enforcement activities. Records may be withheld only under specific circumstances outlined in § 2-6-1006, MCA, such as when disclosure would compromise an ongoing investigation, violate individual privacy that clearly exceeds the public's right to know, or when records have been sealed by judicial order.
Juvenile arrest records are subject to different regulations under § 41-5-216, MCA, which provides greater confidentiality protections than adult records. Additionally, certain arrest records related to victims of sexual offenses may have identifying information redacted to protect victim privacy in accordance with § 44-5-311, MCA.
Carbon County arrest records are available through several online platforms maintained by state and county agencies. The Montana Judicial Branch provides electronic access to court records associated with arrests through their public access portals. The Montana District Court Public Access Portal allows users to search for case information related to arrests processed through the district court system.
The Carbon County Sheriff's Office maintains a current list of active warrants on their official website, which is updated regularly to reflect recent arrest warrants issued within the jurisdiction. This resource is provided as a public service in accordance with Montana's public information laws.
Online access to these records is governed by Montana Supreme Court Order No. AF 06-0163, which establishes guidelines for electronic access to court records while balancing privacy concerns. Users should note that while basic arrest information is available online, complete arrest records with detailed documentation may require in-person requests at the appropriate county office.
The Montana Courts of Limited Jurisdiction Public Access Portal provides additional information for arrests processed through justice courts, municipal courts, and city courts within Carbon County.
Multiple methods exist for obtaining arrest records in Carbon County, each with varying levels of detail and processing times. Members of the public may utilize any of the following official channels:
Submit a written request to the Carbon County Sheriff's Office located at 102 Broadway Avenue North, PO Box 230, Red Lodge, MT 59068. Requests must include the full name and date of birth of the subject, pursuant to § 44-5-301, MCA.
Visit the Carbon County Sheriff's Office in person during regular business hours (Monday-Friday, 8:00 AM to 5:00 PM) to complete a records request form. Photo identification is required, and fees may apply for document reproduction.
Access the Montana District Court Public Access Portal to search for court cases associated with arrests. This resource provides docket information, hearing schedules, and case dispositions.
Submit a request to the Carbon County Clerk of District Court located at the Carbon County Courthouse, 102 Broadway Avenue North, PO Box 948, Red Lodge, MT 59068. The office is open Monday-Friday, 8:00 AM to 5:00 PM and can be reached at (406) 446-1220.
Check the Montana Supreme Court Docket Search for cases that have been appealed to higher courts following initial arrests.
Requestors should be prepared to pay applicable fees for record retrieval and copying as established by § 2-6-1006, MCA. Standard processing time for records requests is 5-10 business days, though complex requests may require additional time.
Carbon County arrest records contain standardized information as required by Montana Code Annotated § 44-5-103. These official documents typically include the following elements:
The Carbon County Justice Court maintains records of initial appearances and preliminary proceedings for many arrests. These records may contain additional information regarding court-appointed counsel, plea entries, and bail determinations.
Pursuant to Montana Administrative Rules 23.12.101-104, arrest records must be maintained according to specific retention schedules based on offense classification. Felony arrest records are retained permanently, while misdemeanor records may be purged after varying periods depending on the nature of the offense.
Montana law provides mechanisms for the expungement or sealing of certain arrest records under specific circumstances. The process is governed primarily by § 46-18-1101 through § 46-18-1111, MCA, which establishes eligibility criteria and procedural requirements.
Individuals seeking expungement in Carbon County must file a petition with the Twenty-Second Judicial District Court that has jurisdiction over their case. Eligibility generally requires that:
The expungement process requires submission of a formal petition, payment of filing fees, and often a hearing before a district court judge. If granted, an expungement order directs all relevant agencies to seal or destroy records related to the arrest. The Carbon County Clerk & Recorder located at 17 West 11th Street, PO Box 887, Red Lodge, MT 59068, maintains court orders related to expungements.
Certain offenses are statutorily ineligible for expungement under Montana law, including most violent felonies, sexual offenses, and offenses involving official misconduct by public officials. Additionally, expunged records may still be accessible to law enforcement agencies for specific purposes as outlined in § 46-18-1111(3), MCA.