Montana Background Check Laws (2026 Guide)

Last verified: March 2026. This page reflects current Montana Code Annotated (MCA) Title 44, Chapter 5 (Criminal Justice Information); Title 39, Chapter 2 (Employment Relationship); Title 49, Chapter 2 (Human Rights); and applicable federal law.

Overview of Montana Background Check Laws

Montana takes a relatively employer-friendly approach to background checks compared to many other states. The state has no Ban the Box law restricting when employers can ask about criminal history, and it does not impose reporting limits on criminal convictions beyond what federal law requires.

That said, Montana employers still face meaningful legal guardrails. The federal Fair Credit Reporting Act (FCRA) applies to all consumer reporting agencies operating in the state. The Montana Human Rights Act (MCA 49-2-303) prohibits employment discrimination based on race, color, religion, national origin, age, sex, marital status, or disability. And the state's own criminal records dissemination statutes under MCA Title 44, Chapter 5 control what information can be released to the public.

Background checks in Montana may include criminal history, employment verification, education verification, credit reports, and driving records. The Montana Department of Justice oversees criminal background checks through its Criminal Records Section, offering both name-based and fingerprint-based searches.

Who Conducts Background Checks in Montana

The Montana Department of Justice (DOJ) serves as the central repository for criminal history records in the state. The DOJ operates the Criminal Records Information Sharing System (CRISS), which stores arrest, prosecution, and court disposition data from law enforcement agencies across Montana.

CHOPRS: The Public Records Search System

The Criminal History Online Public Record Search (CHOPRS) system allows members of the public to search Montana criminal records by name and date of birth. A Social Security number is optional but improves accuracy.

CHOPRS access is available at doj.egovmt.com/choprs. Registered users receive monthly billing options, while one-time users pay per search.

Fees for State Background Checks

The Montana DOJ charges the following fees for criminal background checks:

Check Type	Fee
Online public name-based (CHOPRS)	$20
Mail-in name-based	$15 per individual
Mail-in fingerprint-based	$10 per individual
In-person (Helena office)	Varies by type

In-person services are available Monday through Friday, 8:30 a.m. to 4:30 p.m. at 2225 11th Avenue, Helena, MT 59601.

What State Criminal Records Include

Montana criminal background checks contain only criminal history information. They do not include consumer credit data, immigration records, or driving records (except felony-related arrests). Under MCA 44-5-302, the public may access arrest and prosecutor/court information on felony and misdemeanor charges, but deferred and dismissed records cannot be released to the general public.

Employment Background Checks in Montana

No Ban the Box Law

Montana has not enacted a statewide Ban the Box or fair chance hiring law for either public or private employers. Employers may include questions about criminal history on job applications and inquire about convictions at any stage of the hiring process.

This stands in contrast to the growing number of states that have adopted fair chance hiring policies. As of 2026, fifteen states mandate the removal of conviction history questions from private-sector job applications, including California, Colorado, Connecticut, Illinois, and New Jersey. Montana is not among them.

No Montana city or county has adopted a local Ban the Box ordinance for private employers either. However, some public employers in Montana voluntarily delay criminal history inquiries until later in the hiring process.

FCRA Requirements for Employers

Any Montana employer that uses a third-party consumer reporting agency (CRA) to conduct background checks must comply with the FCRA (15 U.S.C. 1681). Key requirements include:

Before the check:

• Provide a clear, standalone written disclosure to the applicant that a background check will be conducted
• Obtain the applicant's written authorization before requesting the report

If taking adverse action (not hiring based on the report):

• Provide the applicant with a pre-adverse action notice, a copy of the report, and a summary of their FCRA rights
• Wait a reasonable period (typically five business days) before making a final decision
• Send a final adverse action notice explaining the decision, identifying the CRA, and informing the applicant of their right to dispute

Employer Fee Prohibition

Under MCA 39-2-301, Montana employers cannot require applicants or employees to pay the cost of medical examinations as a condition of employment. Montana courts and regulatory guidance have extended this principle to background check fees as well. Employers who violate this provision face misdemeanor charges and fines of up to $100 per offense.

Montana Human Rights Act Protections

The Montana Human Rights Act (MCA 49-2-303) prohibits employment discrimination based on race, creed, religion, color, national origin, age, physical or mental disability, marital status, or sex. While criminal history is not a protected class under this law, employers who use criminal records in ways that disproportionately screen out members of a protected class may face disparate impact claims.

The EEOC's enforcement guidance recommends that employers consider three factors when evaluating criminal history: the nature and gravity of the offense, the time elapsed since the conviction or completion of the sentence, and the nature of the job in question.

Lookback Periods and Reporting Limits

Seven-Year Rule for Non-Convictions

Under the federal FCRA, consumer reporting agencies generally cannot report non-conviction information (arrests not leading to conviction, civil suits, civil judgments, paid tax liens, and collection accounts) that is more than seven years old. This rule applies to all background checks conducted through third-party CRAs in Montana.

Montana does not impose a shorter reporting window beyond the federal standard.

No State Limit on Conviction Reporting

Montana does not place a state-specific time limit on how long criminal convictions may be reported. Convictions can appear on background checks indefinitely, unless the record has been expunged or sealed.

The federal FCRA similarly allows convictions to be reported without a time limit. However, some states have enacted seven-year limits on conviction reporting. Montana is not one of them.

Salary Threshold Exception

Under the FCRA, the seven-year limit on non-conviction information does not apply to positions with an expected annual salary of $75,000 or more. For these higher-paying positions, consumer reporting agencies may report older non-conviction records, arrest records, and other adverse information beyond the seven-year window.

Summary of Montana Reporting Limits

Record Type	Lookback Period
Criminal convictions	No limit (indefinite)
Non-conviction records (arrests, dismissals)	7 years (FCRA)
Bankruptcies	10 years (FCRA)
Civil suits and judgments	7 years (FCRA)
Paid tax liens	7 years (FCRA)
Collection accounts	7 years (FCRA)

FCRA Interaction with Montana Law

The FCRA establishes a federal floor for background check protections across all states, including Montana. Because Montana has not enacted stricter state-level consumer reporting laws, the FCRA effectively serves as the primary regulation governing background screening in the state.

Key FCRA Protections in Montana

Accuracy requirements: CRAs must follow reasonable procedures to ensure the maximum possible accuracy of consumer reports under 15 U.S.C. 1681e(b).

Dispute rights: Consumers may dispute inaccurate information in their reports. The CRA must investigate within 30 days and correct or delete information that cannot be verified.

Permissible purpose: A background check can only be run with a permissible purpose, such as employment (with the applicant's consent), tenant screening, credit decisions, or licensing.

File disclosure: Consumers have the right to request a copy of their own consumer file from any CRA. If a consumer has been denied employment based on a background check, the CRA must provide a free copy of the report upon request.

Montana Consumer Data Privacy Act

In 2023, Montana enacted the Montana Consumer Data Privacy Act (SB 384), which took effect on October 1, 2024. This law gives Montana residents rights over their personal data, including the right to access, correct, delete, and opt out of the sale of personal data.

While the law primarily targets data brokers and large data processors, it adds an additional layer of privacy protection that may affect how background check data is collected and stored. Background screening companies operating in Montana should ensure compliance with both the FCRA and the Montana Consumer Data Privacy Act.

Housing and Tenant Background Checks

Montana does not have a state law prohibiting landlords from considering criminal history during tenant screening. Landlords may conduct background checks as part of the rental application process, provided they obtain written consent from the applicant.

What Landlords Can Screen

Montana landlords may legally screen for:

• Criminal history (felonies and misdemeanors)
• Prior evictions
• Credit history
• Employment and income verification
• Rental references

Restrictions on Tenant Screening

While Montana law gives landlords broad discretion, several important restrictions apply:

Federal Fair Housing Act: Landlords cannot use criminal history screening as a pretext for discrimination based on race, color, national origin, religion, sex, familial status, or disability. HUD guidance from 2016 established that blanket bans on renting to anyone with a criminal record may violate the Fair Housing Act if they have a disparate impact on protected classes.

Bankruptcy protection: Montana landlords cannot deny a rental application solely because the applicant has a bankruptcy on record.

Public assistance: Landlords cannot refuse to rent to someone solely because they receive public assistance.

Application fees: Montana does not cap the amount landlords can charge for application or screening fees, but the fees should be reasonable and reflect actual costs.

Professional Licensing Background Checks

Montana requires background checks for several licensed professions, particularly those involving vulnerable populations.

Healthcare Workers

Under MCA 37-8-434, the Montana Board of Nursing requires all applicants for nursing licensure to submit fingerprints for state and federal criminal history background checks. The applicant bears the cost of the fingerprint-based check. The board reviews results to determine whether any criminal history disqualifies the applicant from licensure.

Nursing homes in Montana must also request criminal history background checks on every applicant for employment as a nursing home worker or administrator. A conviction related to public health, safety, or welfare is sufficient grounds to deny employment.

Childcare Workers

The Montana Department of Public Health and Human Services (DPHHS) requires criminal background checks and Child Protective Service (CPS) checks for all individuals working with children in licensed settings. Under MCA 41-3-205, this includes:

• Child placing agency staff and volunteers
• Foster care, adoption, and guardianship providers (including household members)
• Day care center staff and family/group child care home providers
• Youth care facility personnel

CPS background checks are provided at no cost. The process requires a completed, signed, and notarized Montana Release of Information form. Applicants should allow at least ten working days for processing.

School Employees and Volunteers

In 2025, the Montana legislature passed House Bill 745, which requires fingerprint-based background checks for all school employees and unsupervised volunteers. The bill replaced the previous system where some schools accepted name-based checks, standardizing the requirement across all public schools in the state. This law ensures that anyone with unsupervised access to students undergoes a thorough criminal records review.

Other Licensed Professions

Montana requires background checks for additional licensed professions, including:

• Teachers and school administrators (under Mont. Admin. R. 10.57.201A)
• Social workers applying for clinical licensure
• Law enforcement officers
• Attorneys (through the Montana Supreme Court's Commission on Character and Fitness)
• Banking and financial services professionals

Firearms Background Checks

Montana follows federal law for firearms background checks through licensed dealers. The state is not a point of contact for the National Instant Criminal Background Check System (NICS), meaning all dealer transfers are processed directly through the FBI.

Montana does not require background checks for private firearms sales or transfers between individuals. There is no state waiting period, no firearms registration requirement, and no permit required to purchase firearms or ammunition.

Montana concealed weapons permit holders are exempt from the NICS background check when purchasing from a licensed dealer, as Montana is a permanent Brady Check exemption state.

The City of Missoula has adopted a local ordinance requiring background checks for private firearm sales and transfers, making it the only jurisdiction in Montana with such a requirement.

Criminal Record Expungement and Sealing in Montana

Montana offers limited options for clearing criminal records, which directly affects what appears on background checks.

Misdemeanor Expungement

Under Montana law, anyone convicted of one or more misdemeanors may petition the court for expungement. The petitioner must meet these requirements:

• At least five years have passed since the most recent misdemeanor conviction
• All fines, fees, and jail time have been completed
• There is a presumption in favor of granting the expungement after five years

The Montana Supreme Court publishes expungement forms and instructions for self-represented individuals.

Felony Expungement (Limited)

Montana does not allow expungement of standard felony convictions. In the 2025 legislative session, HB 795 proposed expanding expungement eligibility to non-violent felonies, but the bill failed in the House.

The one exception involves marijuana-related felonies. Individuals convicted of activities that are now legal under Montana law (following legalization) may petition to have those records expunged.

The Montana legislature authorized a study through HJ 45 to examine the collateral consequences of criminal convictions and criminal record expungement. Results are expected to be reported to the legislature in 2027, which may lead to future reforms.

Non-Conviction Record Removal

The Montana Department of Justice handles removal of non-conviction records from the state database. Records that qualify for removal include cases that were dismissed, resulted in acquittal, were dropped, or were never filed.

Since July 1, 2017, the CRISS system automatically removes non-conviction arrest data under MCA 44-5-202. Individuals who believe non-conviction records still appear in the system may submit a Non-Conviction Removal Form to Montana Criminal Records.

Deferred Sentence Sealing

Under MCA 46-18-204, when a defendant successfully completes a deferred sentence, the court may dismiss the charge. After dismissal, all records related to that charge become confidential criminal justice information. The public may only access these sealed records through a district court order upon a showing of good cause.

This distinction matters for background checks: sealed records will not appear in public CHOPRS searches, but certain criminal justice agencies listed under MCA 44-5-103 retain full access.

Montana Wrongful Discharge Act and Background Checks

Montana is the only state in the nation with a Wrongful Discharge from Employment Act (WDEA), codified at MCA 39-2-901 through 39-2-915. This law requires employers to have "good cause" for terminating an employee who has completed the probationary period.

While the WDEA does not specifically address background checks, it creates an environment where employers should apply criminal history policies consistently. Terminating an employee based on a background check finding that was known at the time of hire, or that is unrelated to job duties, could potentially support a wrongful discharge claim.

The WDEA also protects employees who report violations of public policy. An employee terminated in retaliation for raising concerns about unlawful background check practices may have a claim under this statute.

Recent Changes and Developments

HB 745: School Background Checks (2025)

The most significant recent change to Montana background check law came through House Bill 745, which requires fingerprint-based background checks for all public school employees and unsupervised volunteers. The bill passed the Montana House 97-1 and was signed into law.

SB 362: Firefighter Hiring (2025)

Senate Bill 362 authorized fire chiefs to offer employment to applicants with misdemeanor or felony convictions, provided the conviction does not require registration on the sexual or violent offender registry. This represents a limited fair chance hiring measure for a specific profession.

HJ 45: Expungement Study (2025)

The legislature authorized an interim study on the collateral consequences of criminal convictions and criminal record expungement. The study results, expected in 2027, could inform future legislation expanding expungement options in Montana.

Montana Consumer Data Privacy Act (2024)

The Montana Consumer Data Privacy Act took effect on October 1, 2024, giving residents new rights over their personal data. While primarily aimed at data brokers and large companies, the law may affect how background check data is collected, stored, and shared.