Montana Background Check Laws (2026 Guide)

Montana does not have a Ban the Box law, allowing employers to ask about criminal history at any stage of hiring. The federal Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681, applies to most employment background checks in the state, but Montana also has its own consumer reporting act, and on criminal records it is stricter than federal law: MCA 31-3-112(5) bars a consumer reporting agency from reporting a conviction more than seven years after the date of disposition, release, or parole.

Last verified: March 2026. This page reflects current Montana Code Annotated (MCA) Title 31, Chapter 3 (Consumer Reporting Agencies); 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 hiring inquiries compared to many other states. The state has no Ban the Box law restricting when employers can ask about criminal history. On what a screening company may lawfully report, however, Montana is stricter than federal law, capping criminal record reporting, convictions included, at seven years.

The federal Fair Credit Reporting Act (FCRA) applies to all consumer reporting agencies operating in the state, and Montana's own Consumer Reporting Agencies act (MCA Title 31, chapter 3, part 1) layers state duties, state reporting limits, and state-law damages on top of it. 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 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:

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).

Access turns on whether a record is public or confidential criminal justice information. MCA 44-5-301 provides that there are no restrictions on the dissemination of public criminal justice information, and MCA 44-5-103(13) defines that category to include court records and proceedings, convictions, deferred sentences and deferred prosecutions, initial offense reports, initial arrest records and booking photographs, bail records, and daily jail rosters. Anything outside that definition is confidential criminal justice information, and MCA 44-5-302 restricts who may receive it, generally limiting dissemination to criminal justice agencies absent the subject's consent, a court order, or other statutory authorization.

A deferred sentence or deferred prosecution is therefore public while the case is pending. It becomes confidential only after the defendant successfully completes the deferral and the charge is dismissed under MCA 46-18-204, discussed below.

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

Montana adds a state adverse-action duty of its own under MCA 31-3-131(1), covered in the state consumer reporting section below.

Employer Fee Prohibition

Under MCA 39-2-301, it is unlawful for a Montana employer to require an employee or applicant for employment to pay the cost of a medical examination, or the cost of furnishing any records of that examination, as a condition of employment. A violation is a misdemeanor carrying a fine of up to $100 for each offense.

That statute is limited to medical examinations and the records of those examinations. It does not address background check fees, so MCA 39-2-301 is not authority for the proposition that a Montana employer must absorb the cost of a criminal history check.

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 imposes a parallel set of limits in its own statute. MCA 31-3-112, titled Obsolete information, bars a consumer reporting agency from making any consumer report containing bankruptcies more than 14 years old, suits and judgments more than seven years old or until the governing statute of limitations has expired (whichever is longer), paid tax liens more than seven years from payment, collection accounts more than seven years old, criminal records as described below, and any other adverse item of information more than seven years old.

Montana Caps Conviction Reporting at Seven Years

This is where Montana departs from federal law, and it is the point most often reported incorrectly. The FCRA lets a consumer reporting agency report criminal convictions with no time limit. Montana does not.

MCA 31-3-112(5) provides that a consumer reporting agency may not make any consumer report containing records of arrest, indictment, or conviction of crime which, from date of disposition, release, or parole, antedate the report by more than 7 years.

Convictions are named in that subsection alongside arrests and indictments, so a Montana consumer report should not carry a conviction more than seven years after the date of disposition, release, or parole. The provision was enacted in 1975, and the FCRA's preemption clause at 15 U.S.C. 1681t(b)(1)(E) preserves state obsolete-information laws that were in effect on September 30, 1996.

Two limits on the rule are worth stating plainly. It binds consumer reporting agencies, not an employer who learns of a conviction some other way. And it does not erase anything: the conviction still exists in state court files and can still surface in a CHOPRS search unless it has been expunged or sealed.

The Federal Salary Exception Does Not Change the Montana Limit

Under the FCRA, 15 U.S.C. 1681c(b)(3), the seven-year limits on non-conviction information do not apply to a report used in connection with employment at an annual salary that equals or is reasonably expected to equal $75,000 or more.

That exception is federal. MCA 31-3-112 contains no salary threshold and no exception of any kind. For a consumer report furnished in Montana, the state seven-year bar, including the bar on convictions in subsection (5), applies regardless of what the position pays.

Summary of Montana Reporting Limits

Where the federal and state periods differ, the stricter one is the practical ceiling for a report furnished in Montana. The federal $75,000 salary exception has no counterpart in the Montana statute.

FCRA Interaction with Montana Law

The FCRA establishes a federal floor for background check protections across all states. Montana has built on that floor rather than relying on it. MCA Title 31, chapter 3, part 1, the state's Consumer Reporting Agencies act, imposes a parallel set of duties on screening companies and on the employers who use their reports, and on criminal records it is stricter than federal law.

Montana's Own Consumer Reporting Duties

These state provisions apply in addition to the FCRA:

Permissible purposes (31-3-111): limits the circumstances in which a consumer report may be furnished.

Obsolete information (31-3-112): sets the reporting limits described above, including the seven-year cap on convictions.

Investigative consumer reports (31-3-113): requires disclosure to the consumer when an investigative consumer report is requested.

Compliance procedures (31-3-114): requires reasonable procedures for accuracy and for confirming permissible purpose.

Public record information for employment purposes (31-3-126): an agency that reports public record items likely to have an adverse effect on a consumer's ability to obtain employment must either notify the consumer that the information is being reported or maintain strict procedures to keep that information complete and up to date.

Requirements on users (31-3-131(1)): whenever employment, credit, or insurance is denied, wholly or partly because of information in a consumer report, the user must advise the consumer and supply the name and address of the consumer reporting agency that made the report. This state adverse-action duty sits alongside the federal pre-adverse and final adverse action notices, and a Montana employer that satisfies only the federal steps has not necessarily satisfied it.

Consumer disclosure and disputes (31-3-122, 31-3-123, 31-3-124): give consumers access to their file and a procedure for disputed accuracy.

Private actions and liability (31-3-141, 31-3-142, 31-3-143): allow a consumer to bring an action, with civil liability for willful noncompliance and for negligent noncompliance. This is a state-law damages exposure independent of the FCRA.

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 the FCRA, the state consumer reporting act, 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

A tenant screening report is still a consumer report, so the MCA 31-3-112 reporting limits described above apply to what a screening company may include in it.

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 individuals working with children in licensed settings. According to DPHHS, the categories screened include:

• 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

The statute usually cited in this context is MCA 41-3-205, but it is worth being precise about what it does. That section is a confidentiality statute for child abuse and neglect case records. Its subsection (3)(o) permits disclosure of records to a person or entity carrying out background, employment-related, or volunteer-related screening of current or prospective employees or volunteers who have or may have unsupervised contact with children, on written request, and limited to investigations in which the allegation against that person was substantiated. It authorizes the CPS check to return information; the requirement that a given provider be screened comes from DPHHS licensing rules and the program statutes for that provider type, not from MCA 41-3-205 itself.

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.

MCA 44-5-202(8) requires that when a person is released without charges being filed, when the charges do not result in a conviction, or when a conviction is later invalidated, the court report the disposition to the state repository within 14 business days, and that the individual's photographs and fingerprints be returned to the originating agency and expunged. That provision reaches photographs and fingerprints. It does not by itself pull the underlying non-conviction arrest entry out of the criminal history record, which is why the removal request still has to be made: individuals who find non-conviction records still showing in the system should 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.

Until that dismissal happens, the deferred sentence or deferred prosecution is public criminal justice information under MCA 44-5-103(13)(c) and can be disseminated without restriction. The confidentiality is earned by completing the deferral, not by entering into it.

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.

Related Reading

• How Long Does a Felony Stay on Your Record?
• DUI Expungement by State
• Montana Employee Monitoring Laws
• MCDPA Compliance Checklist: Montana Privacy (2026)