Arrest records in Missoula, Montana are considered public information and are accessible to members of the public. This accessibility is established under the Montana Public Records Act (Mont. Code Ann. § 2-6-1001 et seq.), which mandates that government agencies maintain transparency by making official records available for public inspection. The Act specifically designates arrest records as public documents, allowing citizens to access information about law enforcement activities within their community.
The Montana Constitution, Article II, Section 9, further reinforces this right through its "right to know" provision, which states: "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, except in cases in which the demand of individual privacy clearly exceeds the merits of public disclosure."
Public access to arrest records serves several important functions:
Pursuant to Montana law, certain sensitive information may be redacted from public arrest records, including Social Security numbers, medical information, and details pertaining to victims of certain crimes.
Members of the public seeking arrest records in Missoula have several official channels through which they may obtain this information. The following methods are available for accessing arrest records:
In-Person Requests: Individuals may visit the appropriate government office to submit a request for arrest records. Required identification and any applicable fees must be presented at the time of request.
Missoula Police Department 435 Ryman Street Missoula, MT 59802 (406) 552-6300 Hours: Monday-Friday, 8:00 AM - 5:00 PM
Missoula County Sheriff's Office 200 W Broadway Street Missoula, MT 59802 (406) 258-4810 Hours: Monday-Friday, 8:00 AM - 5:00 PM
Missoula County District Court 200 W Broadway Street Missoula, MT 59802 (406) 258-4780 Hours: Monday-Friday, 8:00 AM - 5:00 PM
Written Requests: Pursuant to Mont. Code Ann. § 2-6-1006, individuals may submit written requests for arrest records. The request must include:
Written requests should be addressed to the Records Division of the appropriate agency and may require payment of statutory fees for processing and duplication.
Online Access: The Missoula County Justice System maintains a digital portal through which certain arrest record information may be accessed. Users must register for an account and may be subject to verification procedures. The system allows for searches by name, case number, or date range, subject to the limitations established in Mont. Code Ann. § 44-5-301 regarding dissemination of criminal history record information.
Montana Department of Justice: For statewide criminal history information, individuals may contact:
Montana Criminal Records 2225 11th Avenue P.O. Box 201403 Helena, MT 59620-1403 (406) 444-3625 Hours: Monday-Friday, 8:00 AM - 5:00 PM
Requestors should note that pursuant to Mont. Code Ann. § 44-5-302, a fee of $20.00 is required for each name search conducted.
Arrest records maintained by Missoula law enforcement agencies contain standardized information as required by Montana state law. These records typically include the following elements:
Subject identification information:
Arrest details:
Case processing information:
Disposition information:
Pursuant to Mont. Code Ann. § 44-5-103, arrest records must be maintained with accuracy and completeness. Law enforcement agencies are required to update records to reflect current case status, including dismissals, acquittals, or convictions.
It should be noted that juvenile arrest records are subject to different confidentiality provisions under Mont. Code Ann. § 41-5-215, and may not be accessible through standard public records requests.
Montana law provides mechanisms through which certain arrest records may be expunged or sealed from public view. The process for expungement in Missoula follows state statutory requirements and involves judicial review.
Eligibility Criteria:
Pursuant to Mont. Code Ann. § 46-18-1101 through § 46-18-1111, individuals may petition for expungement under the following circumstances:
Petition Process:
The expungement procedure requires petitioners to:
Missoula County District Court 200 W Broadway Street Missoula, MT 59802 (406) 258-4780
Hearing and Determination:
Upon receipt of a properly filed petition, the court will schedule a hearing where the following factors are considered:
If the court grants the petition, an order of expungement will be issued directing all relevant agencies to seal the records. Pursuant to Mont. Code Ann. § 46-18-1107, expunged records are not destroyed but are segregated from public records and may only be accessed by court order or for certain law enforcement purposes.
Individuals whose records have been expunged may legally state that they have not been arrested or convicted of the expunged offense on applications for employment, housing, or licensure, with limited exceptions for certain professions and security clearances.