Montana Arrest Records Search

What is Considered an Arrest in Montana?

In Montana, an arrest is generally the process by which law enforcement takes someone into custody in a manner authorized by law. When this happens, the person taken into custody typically loses their freedom. Per Section 46-6-104 of the Montana Code Annotated, arrests executed in the state are made by actual restraints of the individuals being apprehended or by their submission to the custody of the person making the arrest.

State law permits private persons to make arrests. However, per Section 46-6-502 of the Montana Code Annotated, any private individual making an arrest must have probable cause to believe that the person they arrested has committed an offense or is committing one, and the prevailing circumstances require the suspect's immediate arrest. This is also known as citizen arrest, and once executed, the person making the arrest must immediately notify the nearest law enforcement agency or officer and deliver the suspect to them.

Arrests may be made in Montana at any time of the day or night per Section 46-6-105 of the state's Code Annotated. However, no one may be arrested in their home or private dwelling at night for a misdemeanor offense committed elsewhere and at other times unless authorized by a judge through an arrest warrant. The only exception is when someone is being arrested in their private dwelling at night for assault on their partner or family members.

Common reasons for arrests in Montana typically include aggravated assault, robbery, domestic assault, arson, manslaughter, kidnapping, theft, invasion of privacy, and traffic violations. Others are littering, careless driving, fraud, kidnapping, and murder. These offenses are largely categorized as misdemeanors, felonies, and infractions. Arrests may be made in Montana with or without warrants.

As stipulated in Section 46-6-216 of the state's Code Annotated, a law enforcement officer must inform a suspect of their authority, the intention of arresting them, the reason for the arrest, and that they have a warrant for their arrest when executing a warrant arrest. This also applies to a warrantless arrest, per Section 46-6-312 of the Montana Code Annotated, except that no warrant is issued for a suspect's arrest. Generally, the basis for a warrantless arrest in the state is probable cause, according to Section 46-6-311 of the Montana Code Annotated. An arresting officer must have probable grounds to believe that a person is committing an offense or has committed one and the situation requires immediate arrest.

The following are some of the major elements of arrests in Montana:

• Custody and Control - Custody generally means taking charge or control over a person and preventing them from moving at will. While a person may be in custody yet not arrested, in most cases, arrests are followed by custody. The primary purpose of taking suspects into custody after arrests is to interrogate them, during which they may gather information about the alleged crime. In addition, taking suspects into custody and having control over them helps prevent the intimidation of witnesses and the destruction of evidence.
• Legal Authority - Under Montana laws, peace officers and private persons are authorized to execute arrests. A peace officer is an individual who, by their public employment or office, is empowered by law to maintain public order and make arrests for offenses while acting their role within the scope of their authority. Generally, county sheriffs and local police departments are authorized to execute arrests within the state.
• Miranda Rights - Per Section 46-6-107 of the Montana Code Annotated, a law enforcement officer generally must inform a person in custody of their Miranda rights before interrogating them. The Miranda rights give a person in custody the right to remain silent during questioning and a right to an attorney. They protect suspects' Fifth Amendment rights and safeguard them from self-incrimination in criminal matters and their Sixth Amendment rights, which guarantee them the right to attorneys.
• Restraint and Transport - In Montana, one way to make an arrest is by actual restraint as stipulated in Section 46-6-104 of the state's Code Annotated. Law enforcement officers may use all necessary and reasonable force in making arrests. However, no suspect may be subjected to a level of restraint than the force necessary to detain or hold them. After making an arrest, a law enforcement officer is required to transport the suspect to the appropriate detention facility. If the arrestee is a violent or potentially violent person, the officer may use leg restraint devices to restrain their legs while transporting them or during their detention when it is reasonable to do so.
• Booking Process - Upon arrest, the next step is the booking process, during which the suspect is properly and formally documented. This process creates the person's Montana arrest record. Typically, the suspect/defendant's name and the crime for which they are being accused are documented. Their fingerprints and mugshots will also be taken, after which an officer will search and confiscate any items on them, including wallets and cell phones. There may also be a health screening, which will largely include tests for transmittable diseases.

There is a notable difference between arrests and detention. However, the line between the two may be blurry, and sometimes, it may be difficult for someone to know if they have been arrested or detained. When a person is detained, it is most likely because law enforcement does not have enough evidence to effect an arrest. In this situation, a law enforcement officer may hold the person without necessarily taking them into custody. However, an arrest involves taking a person into custody and restricting their freedom of movement. It is a more serious process than detainment. Once a suspect is placed under arrest, a law enforcement officer will take them to the police station, jail, or detention facility, where they will be informed of the charges against them.

What is Unlawful Arrest in Montana?

An unlawful arrest is arresting or restraining an individual against their will without any legal justification or authority. Per Section 45-5-301 of the Montana Code Annotated, it is illegal to unlawfully restrain a person knowingly or purposely without lawful authority in a way that substantially interferes with their liberty. The following are typical indications that an arrest may be unlawful in the state:

• Lack of Probable Cause - The lack of probable cause is usually an indication that an arrest is unlawful in Montana. Probable cause means having sufficient facts and evidence to reasonably believe that a suspect has indeed committed a crime. It is required for arrests made by law enforcement officers and private individuals.

• Violation of Constitutional Rights - Any arrest that violates a person's constitutional right in Montana is considered an unlawful arrest. For instance, if a suspect is unreasonably searched during arrest by a law enforcement officer, that is a violation of their Fourth Amendment rights and, hence, an unlawful arrest.

• Mistaken Identity - When a wrong person is arrested for a criminal offense committed by another individual due to mistaken identity, it is an unlawful arrest.

• Racial Profiling and Discrimination - The Montana Code, Section 44-2-117, prohibits law enforcement from arresting a person based solely on their race or ethnicity. Hence, any arrest made based on racial profiling and/or discrimination in the state is unlawful.

• Procedural Violation - When an arrest is made in a manner that violates the procedures established in Title 46, Chapter 6 of the Montana Code Annotated, it is considered an unlawful arrest.

The consequences of unlawful arrests on persons arrested without probable cause or legal authority may include lost wages, emotional damage, physical injury, and reputation damage. Such individuals may file lawsuits seeking compensation for wages lost, pain, physical injuries, medical bills, and property damage. In addition, if an unlawful arrest leads to a criminal case, the arrestee may ask the court to suppress evidence used in making the arrest and dismiss the charges against them.

Are Arrest Records Public in Montana?

Yes, the Montana Public Records Act makes records of government agencies available to the public, including arrest records generated by law enforcement. In addition, Section 44-5-301 of the state's Code Annotated permits the dissemination of Montana's public criminal justice information, part of which is arrest records. While most arrest records/information in the state are publicly available upon request, some are exempt from public disclosure, either by state law or by court orders.

Publicly available information in Montana arrest records typically includes the following:

• Subject personal information, including their name, gender, and date of birth
• Details of arrest charges
• Arrest details, including the location of arrest, date of arrest, time of arrest, and the name of the arresting agency
• Mugshots
• Arrestee's physical descriptors, including height, build, weight, skin color, and eye color

Montana arrest records and information exempt from public disclosure typically include victim information per Section 44-5-311 of the state's Code Annotated, fingerprints, and criminal intelligence information. Arrest information or records that are part of ongoing investigations and juvenile arrest records are also restricted from public access in Montana. In addition, sensitive personal information such as social security numbers, disability or medical information, address, and other information of privacy interests in the state's arrest records are not available to the public.

What are the Types of Arrest Records in Montana?

Montana arrest records are categorized based on where they are created and kept. They are either created and maintained at the local level or the state level. Local-level arrest records in the state generally are records of arrests made by local police departments or county sheriff's offices across the state. They are formally created at the point of booking arrested individuals before being put in custody and typically contain personal information, charges, and arrest details.

State-level arrest records in Montana are mostly parts of the state's criminal records maintained by the Division of Criminal Investigation (DCI) of the state's Department of Justice (DOJ). They may be retrieved by requesting criminal records.

Where are Arrest Records Kept in Montana?

Montana arrest records may be retrieved from the following agencies:

• Local Law Enforcement Agencies - Local law enforcement agencies in Montana, including the police departments and county sheriff's offices, keep arrest records for arrests made in their locality. They are usually the primary place anyone looking to retrieve an arrest record should check. Arrest records maintained by local law enforcement typically include incident reports, investigation files, crime reports, and other details about such arrests.
• The Montana Department of Justice (DOJ) - The Montana DOJ, through its Division of Criminal Investigation, keeps the state's criminal records, which typically contain arrest records. These records may be accessed through name-based or fingerprint-based checks.
• The Montana Department of Corrections (MDOC) - Some Montana arrest details, typically including mugshots, are available on the department's Offender Search Portal of the state's Department of Corrections. Such details may be searched using the record holders' names or identification numbers assigned by the Department of Corrections.
• Federal Agencies - While federal agencies like the Federal Bureau of Investigation (FBI) do not exactly maintain Montana arrest records, they may access state-maintained criminal records, including arrest information, and make them available to interested persons.

How To Find Public Arrest Records in Montana

Montana public arrest records are available to the general public and may be accessed from the appropriate agencies by mail, in person, or online. They may also be accessed online through some independent record service companies.

• Finding Montana Public Arrest Records through Law Enforcement Agencies - Local police departments and county sheriff's offices in Montana are primary custodians of arrest records. They disseminate publicly available records to interested persons in person, by mail, and online. For in-person requests, interested persons must visit the county sheriff's offices or local police departments during regular business hours and provide information such as arrestees' names and arrest dates to facilitate the search. The same applies to mail requests, but it is usually recommended to contact a law enforcement agency to learn about their process.

Some local law enforcement agencies maintain online databases to enable remote access to records of arrests made by them. For instance, the inmate portal managed by the Gallatin County Sheriff's Office lists basic information about recent arrests made by the county sheriffs.

• Finding Montana Public Arrest Records through the State's Department of Justice - Montana public arrest records may be obtained by conducting criminal history checks through the state's Department of Justice (DOJ). Interested persons may conduct name-based checks or fingerprint-based checks, which may either be done online, in person, or by mail. The Criminal History Online Public Records Search (CHOPRS) is used for online name-based criminal history checks, and each record search costs $20. CHOPRS is available to both registered users and the general public.
• Requests for name-based criminal history checks in Montana may also be submitted by mail or in person to the DOJ. Interested persons may do this by mailing written requests, which must include the names of the individuals being checked, dates of birth, and social security numbers, to the DOJ at:

Fingerprint-based checks must be submitted to the DOJ by mail. Typically, a requester must include an applicant's fingerprint card, which they may obtain from the Montana Criminal Records office or local law enforcement offices. Completed fingerprint cards should be mailed to the DOJ's Criminal Records and Identification Services.

• Finding Montana Arrest Records through the State's Department of Corrections - Members of the public may find some arrest information maintained by the Montana Department of Corrections online using the Offender Search Portal. They may also conduct in-person searches by visiting any of the state-owned and contracted correctional facilities in person.
• Finding Montana Arrest Records through Third-Party Websites - Some third-party sites like RecordsFinder are online repositories for Montana arrest records. They generally enable members of the public to conveniently access such records from the comfort of their homes or offices. However, because they are not being run by authorized government agencies, information retrieved from third-party sites may not be as complete or accurate.

How Long Do Arrests Stay on the Record in Montana?

In Montana, arrest records for crimes in which the offenders were convicted typically stay on their records indefinitely unless they are expunged. However, records of arrests that do not lead to conviction are automatically removed and will not remain on defendants' records per Section 44-5-202(8) of the Montana Code Annotated.

How To Seal or Expunge an Arrest Record in Montana

Generally, the removal of all non-conviction arrest records after July 1, 2017, is automatic in Montana. Individuals whose arrests do not result in convictions need not apply for removal. Before seeking a non-criminal arrest data conviction removal, conducting a public criminal history record from the state's Department of Justice is recommended. If a person's charges have been acquitted, dismissed, not filed, dropped off, or deferred prosecution-dismissed, they may request for sealing.

To remove a non-conviction arrest record, an interested individual should complete a Record Expungement/Removal Request Form to the Montana Criminal Records and Identification Services Section (CRISS) at:

Afterward, CRISS will contact the courts to request information. Where the courts cannot provide the required information, the applicant must contact the court and obtain documentation specifying the outcome in a court order to modify a record. It takes about 30 days for CRISS to process this kind of request once they receive a request to remove non-conviction arrest data. The same process applies to sealing arrest records in non-convictions in Montana.

Montana law, under Title 46, Chapter 18, Part 11 of the state's Code Annotated, permits the expungement of misdemeanor convictions and the associated arrest records. However, individuals seeking to expunge such records must satisfy certain requirements, including the following:

• They are not currently being detained for a new offense, have no pending charges for any offense, or have not been charged with committing any new offense.
• They have not had any conviction for any other offense for 5 years since they completed the initial sentence.

These requirements may only be waived if the individual has applied to enlist in the United States National Guard or armed forces or is currently a member and is prohibited from holding a certain position as a result of their previous conviction.

The following steps should typically be taken to request the expungement of an arrest record for a misdemeanor conviction in Montana:

• Petition the District Court for an order to expunge a misdemeanor record.
• Notify the prosecution office responsible for the conviction record.
• The District Court will decide whether or not to grant an expungement order. If the court grants the order, the petitioner must go to law enforcement for fingerprinting, after which they will access the Expungement Form.
• The petitioner should then send the expungement order, fingerprint card, and the completed expungement form to CRISS.
• CRISS will verify the documents submitted and the identity of the person using the fingerprint card and then remove the petitioner's arrest record from the criminal history record.

While removed, sealed, and expunged Montana arrest records are restricted from public access, they may still be accessed by the state's criminal justice agencies. They include the courts and any local, state, or federal agency designated to perform the principal role of criminal justice administration.

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