Montana provides public access to criminal history records through its CHOPRS system -- the Criminal History Online Public Record Search -- for $20 per name-based query. The system is accessible to anyone, but what it returns is limited by Montana's privacy laws: deferred sentences that were later dismissed are not released to the public, and the general public receives arrest and court information on felony and misdemeanor charges only, not the complete law enforcement file that criminal justice agencies can access. Montana also has a distinctive expungement framework: misdemeanor expungement is available and presumed in most cases, but felony expungement does not exist in Montana. And each person gets only one expungement order in their lifetime, though that order can cover multiple misdemeanor offenses. This guide covers the full system.
What Makes Montana Arrest Records Public
Montana's public records framework is governed by the Montana Public Records Act, codified in Montana Code Annotated Section 44-5-301. Criminal records are accessible to the public under this statute, but what the public actually receives is limited by Montana privacy law.
The Montana Department of Justice, Division of Criminal Investigation, maintains criminal history records for the state. The public can receive arrest and prosecutor/court information on felony and misdemeanor charges. However, criminal records that have been deferred and later dismissed cannot be released to the public. Additionally, employers in Montana are prohibited from inquiring about arrests that did not lead to a conviction unless the position involves law enforcement or working with children.
Exemptions from full public access include the complete law enforcement file (which is reserved for criminal justice agencies), deferred and dismissed records, juvenile records, and expunged records.
What a Montana Arrest Record Contains
An arrest record is a booking document. It reflects the facts of an arrest at the time of booking and carries no presumption of guilt.
A public Montana criminal history record includes personal identifying information such as full name, date of birth, aliases, and physical description. It includes arrest data: the arresting agency, date of arrest, and charges filed. Misdemeanor and felony arrest information and any court dispositions that have been reported are included. Driving-related information appears only as it relates to felony arrests; standard driving records are available through the Motor Vehicle Division separately.
What the public receives through CHOPRS is limited compared to what law enforcement agencies receive. Complete investigative files, warrant information, and probation/parole information are not available through the CHOPRS public search and must be requested directly from the relevant local agency or court.
How to Search Montana Arrest Records
CHOPRS at doj.egovmt.com/choprs is the primary public tool. It provides online name-based criminal history searches to anyone. You must submit the person's complete name and complete date of birth. Social Security numbers are optional but can improve accuracy. The fee is $20 per search, payable by credit card or eCheck. Registered users (organizations conducting frequent checks) pay by monthly invoice. Results are limited to public criminal history information under MCA 44-5-301.
Mail-in name-based requests can be sent to: Montana Criminal Records, P.O. Box 201403, Helena, MT 59620-1403, with a $15 processing fee. In-person requests can be made at the Montana Department of Justice, Criminal Records and Identification Services Section, 2225 11th Avenue, Helena, MT 59601, between 8:30 AM and 4:30 PM Monday through Friday (fingerprinting by appointment between 9 AM and 4:20 PM).
Montana does not have a single free statewide court case search comparable to Missouri's Case.net or Minnesota's MCRO for online name-based public access. County-level district court records can be accessed through the Montana Courts website or by visiting the county courthouse.
County sheriff offices and local police departments maintain booking records for recent arrests. Montana has 56 counties and practices vary. Many county sheriff offices provide online booking rosters or recent arrest information. For anyone arrested in the past 24 to 72 hours, the county sheriff's website or a direct call to the jail is the fastest route.
For broader multi-source searches that aggregate public record data across Montana's 56 counties and other jurisdictions, TruthFinder is a practical option.
VINELink at vinelink.com connects to the Montana DOC system and many county facilities and provides free real-time custody status and notification registration.
County Jail Records in Montana
Montana has 56 counties and each county sheriff manages the local jail. County jails hold people recently arrested, those awaiting trial, and individuals serving shorter sentences. Booking information availability varies by county.
When someone is sentenced to state prison, they enter the Montana Department of Corrections system. The Montana DOC provides a free online offender search accessible through the DOC website at cor.mt.gov. You can search by name or DOC number to locate state inmates. The DOC offender search also covers individuals on probation or parole.
Federal Arrests in Montana
Federal arrests in Montana are made by agencies including the FBI, the DEA, U.S. Marshals, the ATF, and Homeland Security Investigations. After federal sentencing, individuals enter the Bureau of Prisons rather than the Montana DOC.
The BOP Inmate Locator at bop.gov/inmateloc is the official free tool for locating anyone serving a federal sentence. Search by name or BOP register number. Federal court records are available through the PACER system at pacer.gov.
Federal arrests and convictions are not part of the Montana DOJ criminal history system. CHOPRS covers only Montana state criminal history.
Arrest Records Versus Conviction Records
An arrest record documents that law enforcement took someone into custody. A conviction record documents a court's finding of guilt. Montana maintains both in its criminal history system, but with a specific carve-out: deferred sentences that were later dismissed are not released to the general public. This is a meaningful protection for people who completed a deferred sentence successfully.
Charges can be dropped, cases go to trial and result in acquittal, and juries can find someone not guilty. In all of those situations the arrest entry remains in the criminal history system unless expunged. However, because deferred and dismissed records are already withheld from public CHOPRS results, the most practically harmful situation for someone trying to move forward is an actual conviction that remains publicly accessible.
Montana Expungement Under MCA 46-18-1101 Through 46-18-1111
Montana's expungement statute, enacted in 2019, is codified in Montana Code Annotated Sections 46-18-1101 through 46-18-1111. It applies to misdemeanor convictions only -- Montana does not provide expungement for felony convictions.
A person convicted of one or more misdemeanor offenses who has completed all terms of the sentence may petition the district court for expungement. The petition must be filed in the court where the conviction occurred.
The standard under the law is that expungement is presumed appropriate for most misdemeanor offenses. Expungement is not presumed when the offense involves violence or sexual conduct, when the offense involves driving while impaired, or when the interests of public safety require denial. The court may order expungement of all, some, or none of the misdemeanor offenses in a petition that covers multiple offenses.
Each person is limited to one expungement order in their lifetime. However, a single expungement order can cover multiple misdemeanor offenses -- the lifetime limit is on the number of orders, not the number of offenses covered.
Fingerprints must be submitted with the petition for identity validation. After an expungement order is granted, the petitioner must send copies of the order to the arresting law enforcement agency, the prosecutor's office, the clerk of the court, and the Department of Justice, along with a DOJ identifying information form and fingerprints. Upon receipt, the DOJ must expunge all records of arrest, investigation, detention, and court proceedings related to the expunged offenses.
After expungement, the arrest is deemed not to have occurred and the person is not required to disclose the expunged offense. Records are removed from the public CHOPRS system and from court files.
Montana also provides non-conviction removal: if a person was released without charges being filed, charges did not result in conviction, or a conviction was later invalidated, the state repository must return or destroy photographs and fingerprints, and criminal justice agencies may not maintain copies related to that charge.
InmateAid's guides on expungement cover Montana's framework in more detail. Mugshot removal from third-party sites after expungement is addressed in InmateAid's resources on that topic.
Frequently asked questions
Are Montana arrest records public?
Yes, under Montana Code Annotated 44-5-301. The general public may receive arrest and court information on felony and misdemeanor charges through CHOPRS. However, criminal records that have been deferred and later dismissed cannot be released to the public. Complete law enforcement files, warrant information, and probation/parole details are not available through CHOPRS.
How do I search Montana arrest records?
CHOPRS at doj.egovmt.com/choprs provides name-based searches for $20 per search (requires complete name and date of birth). Mail-in requests cost $15 to Montana Criminal Records, P.O. Box 201403, Helena, MT 59620-1403. In-person requests can be made at the DOJ's Criminal Records office in Helena. For recent arrests, check the relevant county sheriff's website or call the jail. For multi-source results, TruthFinder aggregates public record data. For real-time custody status, VINELink at vinelink.com provides free notifications. For DOC inmates, search at cor.mt.gov.
What does a Montana arrest record contain?
A public Montana criminal history record includes personal identifying information, arrest data (arresting agency, date, charges), and court dispositions. Deferred and dismissed records are excluded from public release. Complete investigative files and warrant information are not available through CHOPRS -- those require direct requests to the relevant local agency or court.
Is an arrest the same as a conviction in Montana?
No. An arrest documents that someone was taken into custody. A conviction reflects a court's finding of guilt. Montana additionally withholds deferred and dismissed records from the public -- so if a person completed a deferred sentence successfully, that record is not available through CHOPRS. Conviction records remain in the public system unless expunged.
How do I find someone in a Montana county jail?
Check the county sheriff's website where the arrest occurred. Booking information availability varies by county. VINELink at vinelink.com connects to many Montana facilities and provides free notification registration. For someone in state prison or on parole/probation, use the Montana DOC offender search at cor.mt.gov.
Can I search federal arrest records in Montana?
Federal court records are available through PACER at pacer.gov. For someone serving a federal sentence, the BOP Inmate Locator at bop.gov/inmateloc is the free official tool. Federal arrests and convictions are not part of Montana's CHOPRS system.
How long does an arrest stay on record in Montana?
Montana arrest and conviction records remain in the criminal history system indefinitely unless expunged or removed through non-conviction procedures. Deferred and dismissed records are not publicly released but remain in the system. Misdemeanor convictions may be expunged after sentence completion through the petition process under MCA 46-18-1101. Felony convictions have no expungement path in Montana.
Who qualifies for expungement in Montana?
Under MCA 46-18-1101 through 46-18-1111, persons convicted of one or more misdemeanor offenses who have completed all sentence terms may petition the district court for expungement. Expungement is presumed appropriate except for offenses involving violence, sexual conduct, or driving while impaired, or when public safety interests require denial. One expungement order per lifetime, which can cover multiple misdemeanor offenses. Felony convictions are not eligible for expungement in Montana.
Are deferred and dismissed records public in Montana?
No. Criminal records that have been deferred and later dismissed cannot be released to the general public through CHOPRS or other public channels. If a person received a deferred sentence and completed it successfully, resulting in dismissal, that record is protected from public disclosure under Montana's privacy laws. This is a meaningful protection that distinguishes Montana from states where all arrest records are presumptively public.
Why does my record show an arrest but no conviction?
If a non-conviction arrest or dismissed case is appearing on a background check, it may be sourced from local law enforcement agency records or court filings rather than the CHOPRS system, which would not release deferred/dismissed records. For qualifying cases, Montana's non-conviction removal procedures allow the state repository to return or destroy photographs and fingerprints. For misdemeanor convictions that are visible, the expungement petition process under MCA 46-18-1101 is the path to removal. ---
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