Montana Arrest Records

Recent data shows that law enforcement officers in Montana report up to 27,000 arrests per annum. Simple assaults account for the most arrests reported in the state, with about 4,861 (17.3%) incidents, followed by larceny, with nearly 4,000 arrests (14.1%). Burglary arrests make up 1.2% of arrests reported, with about 347 incidents, while robbery arrests make up 0.5% of arrests, with over 120 incidents.

The national arrest rate is 2,181.7 arrests per 100,000 people. Montana's arrest rate is higher than the national average at 2,452.9 arrests per 100,000 residents. Despite the high rate, Montana's arrest rate is significantly lower than its neighbors. South Dakota has an arrest rate of 6,187.2 arrests per 100,000 persons, the highest arrest rate in the country. Other states bordering Montana, such as North Dakota and Wyoming, have arrest record rates of 3,885.8 and 3,165.6 arrests per 100,000 residents, considerably higher than Montana's arrest rate.

What Is an Arrest Under Montana Law?

An arrest in Montana is the restraining of an individual and taking them into custody to answer for criminal offenses. Per Section 46a-6-104 of the Montana Code Annotated (MCA), an arrest is detaining a suspect or the willful submission of the individual into the custody of the person making the arrest. Generally , the arresting individual may use reasonable force to prevent the person from escaping.

Type of Arrests in Montana

Generally, arrests in Montana are classified under two broad categories: Arrests with a warrant and arrests without a warrant.

Arrests with a Warrant

A warrant is a legal document issued by the court permitting police officers to arrest an individual. A warrant arrest happens in Montana when law enforcement officers obtain a court-issued arrest warrant to take a person into custody. Typically, a judge or magistrate issues the warrant based on probable cause -facts or evidence presented by the law enforcement officer- that the person named to the warrant committed a crime.

Arrests Without a Warrant

A warrantless arrest is an arrest without a prior warrant. In Montana, peace officers may legally detain someone they believe has committed a crime without obtaining a warrant from a judge. A warrantless arrest must be justified by law and is permissible under the following situations:

• Misdemeanors: The police officer witnesses the person committing the crime
• Felonies: Law enforcement officers may arrest someone without a warrant where there is probable cause to believe the person committed a felony. For felony offenses, the officer does not have to witness the crime
• Domestic Violence: The peace officer has probable cause to believe that the person is currently committing a crime relating to assaulting a family member. Also, peace officers can make warrantless arrests when called to a residence for domestic disputes, and there is a sense of immediate danger

Under Montana law, arrests and warrantless arrests are generally governed by probable cause. Probable cause means enough facts or proof to make a reasonable person believe that a crime has been committed and the person arrested is responsible. Probable cause is based on facts and circumstances available to peace officers during the arrest. Aside from arrest warrants, other typical types of warrants may be issued by the courts, each serving a different legal function:

• Bench Warrant: A judge issues a bench warrant when a person violates a court order or fails to appear as required. Bench Warrants are typically issued when a person misses a scheduled court appearance or fails to comply with a court directive. The warrant is issued to bring the individual back before the court
• Search Warrant: Search warrants issued by a judge or magistrate authorize peace officers to search a specific location or property for evidence related to a crime. Officers must present the judge with probable cause that evidence of a crime is located at the place to be searched
• Fugitive Warrant: A judge grants fugitive warrants when persons wanted for crimes in one jurisdiction or state are found in Montana. The warrants permit peace officers to arrest the person and return them to their original jurisdiction or state to answer for crimes committed
• No-Knock Warrant: A no-knock warrant permits law enforcement to enter a property without announcing their presence. A judge issues a no-knock warrant based on probable cause that alerting the occupants would compromise investigation, lead to the destruction of evidence, or cause harm to law enforcement officers
• Governor's Warrant: Issued by the governor of Montana, it is used for the arrest and extradition of persons wanted for crimes in another state. The warrant authorizes law enforcement to detain and transfer the person from Montana to another state to face charges

Other types of specific arrests exist in Montana. Usually, they relate to unique situations or offenses. Some of these arrests typically include juvenile arrests, domestic violence arrests, driving under the influence (DUI) arrests, parole or probation violation arrests, traffic-related arrests, public order arrests, and immigration-related arrests.

What Are Montana Arrest Records?

Montana arrest records generally are documents created by law enforcement officers detailing a person's arrest. Arrest records detail a person's interaction with police officers from when the individual is taken into custody. Typically, arrest records include information related to the arrest, including:

• Personal information of the arrested individual, such as their full name, date of birth, address, and physical description
• Details of the arrests, including the date and time of the arrests, location of the arrests, the law enforcement agency responsible for the arrest, the charges, and circumstances of the arrest
• Booking information. It includes fingerprints, mugshots, bail or bond details, and details of the detention or holding facility
• The court information, court appearance date, case number, and case outcome

Arrest records generally differ from criminal records. Arrest records are documents created when law enforcement officers take a person into custody. The record details the arrest, regardless of whether the individual is later charged or convicted. Criminal records, also called rap sheets, provide details of an individual's interaction with the criminal justice system from arrest to sentencing. It is typically more comprehensive than arrest records, giving a fuller account of a person's legal background.

How Can Arrest Records Be Accessed in Montana?

Generally, arrest records are considered public information in Montana. Section 2-6-10 of the MCA also called the Montana Public Records Act, permits the inspection and copying of most documents prepared, owned, and maintained by public agencies. The law allows public access to government documents, including arrest records, in Montana. Although arrest records are public, the state places certain restrictions on accessing some arrest documents to protect individuals' privacy and sensitive information. Consequently, juvenile arrest records, arrest records related to ongoing investigations, and expunged or sealed court records are closed to the public.

While some arrest records are available to the public, certain entities still have the legal authority to view these records. Usually, law enforcement agencies, such as police departments, sheriff's offices, or federal agencies, may access restricted arrest records as part of their investigations or to track criminal activities. Some employers, such as employers in the education and healthcare sector, may have legal authority to request sealed arrest records to ensure they hire individuals without disqualifying criminal histories. Likewise, judges, court staff, and other judicial officials may access arrest records, even when unavailable to the general public. The courts may access restricted arrest records to determine the outcome of present cases. Arrest records in Montana are generally accessible through the state level, local law enforcement agencies, and courts.

Montana Department of Justice (DOJ)

The DOJ maintains a central repository for accessing criminal records, which includes arrest records. The DOJ provides electronic access to criminal history record information through the Criminal History Online Public Record Search (CHOPRS) to access arrest records. The platform requires the record seeker to submit the individual's complete name and date of birth to access the arrest record. Also, record seekers may create an account to access arrest records from the database. The DOJ also permits mail-i fingerprint checks for arrest records. The requester may fill out the fingerprint card and submit the request with a self-addressed stamped envelope and a check or money order with the processing fee. The office also permits in-person requests for arrest records. The physical and mailing address of the DOJ is located at:

The Montana Department of Justice

Criminal Records and Identification Service Sectio

2225 11th Avenue

P.O. Box 201403

Helena, MT 59601-1403

Local Law Enforcement Agencies

Local police departments and county sheriff's offices are sources of arrest records at the community level. Generally, each agency maintains records of arrests within its jurisdiction and has its procedures for accessing the record. Some police departments have online databases to access or request arrest records. Others may require the requester to fill out a form or submit a written request for record. Overall, record seekers may visit the police department or sheriff's office where the arrest occurred to view or request the records.

Montana Courts

Where arrests lead to charges, the arrest information forms part of the case file. Therefore, record seekers may access court records to view arrest records. While the state does not have a central repository for court records, some counties provide online access to court records. Most counties permit mail and in-person requests for court records. The County Clerk of Court is the record custodian and grants access to public court records. Interested persons may use the Montana Court Locator to find the address of the Montana Court that handled the case.

How Long Will an Arrest Report Stay on Your Montana Records?

Unless expunged or sealed, an arrest report stays indefinitely on a person's record in Montana. In Montana, arrest records generally do not disappear or get wiped out after a predetermined period. Instead, the records remain accessible to the public unless the record holder takes specific steps to remove it from their criminal record. Likewise, there is no provision in Montana law permitting the automatic deletion of arrest records after a certain period, even if the arrest resulted in a non-conviction.

Can You Expunge Your Arrest Records in Montana?

Montana law generally permits the expungement of arrest records. Persons arrested in Montana may be able to clear their arrest records depending on the arrest outcomes. Expunging arrest records removes the record from an individual's arrest report as if it never happened. The arrest record is no longer visible to the public or anyone conducting a background check. Section 46-18-1104 of the MCA typically allows for the expungement of certain misdemeanor offenses and arrests without convictions under certain conditions, including

• The individual arrest did not result in a conviction. It includes cases where the charges were dropped, dismissed, or acquitted. The individual may apply immediately to expunge the record
• The arrest resulted in a misdemeanor conviction. The record holder must wait five years after completing the sentence before petitioning for expungement. Expunging arrest records for misdemeanor convictions may happen only once in a lifetime but can cover multiple arrest records

Persons who qualify for expungement of arrest records may file a petition with the court in the county where the arrest occurred. The petitioner then serves all parties to the case, with their intention to expunge the arrest records. After filing, the court reviews the petition and schedules a hearing for the petitioner to present their case. If the court grants the petition, the arrest record is expunged. The arrest report will no longer appear on background checks or accessible to the public.

Is Citizen's Arrest Legal in Montana?

Yes. Citizen arrest is legal in Montana. Per Section 46-6-502 of the MCA, a private citizen may arrest and detain another if they have probable cause to believe the person is committing or has already committed the crime. The law also specifies that the situation should require immediate arrest, and the person making the arrest may use reasonable force to stop or detain the person they are arresting.

Police officers in Montana may also make a citizen's arrest under certain circumstances, typically when they are outside their jurisdiction or off-duty. A police officer outside their jurisdiction may not have the authority to arrest as they would within their designated area. Likewise, an off-duty officer may not have immediate access to standard law enforcement tools. In both instances, the officer may conduct a citizen arrest under the following general conditions:

• The officer has probable cause to believe the person is committing or has committed a crime
• The circumstances require immediate detention to prevent them from escaping before on-duty officers arrive
• The offense happened in the presence of the off-duty or out-of-jurisdiction officer

Citizen arrests generally differ from false arrests. In citizen arrest, civilians detain someone they saw committing a crime or they believe has committed a crime. Citizens' arrest is legal and backed by state law. False arrests refer to the unlawful detention of a person without legal justification. Usually, the person making the arrest does not have probable cause to believe that a crime was committed. False arrest is illegal. It violates the person's right to freedom and may lead to criminal charges for unlawful detention or even assault where there is excessive force.

How to Look Up Arrest Warrants in Montana

There are several ways to look up arrest warrants in Montana. While there is no statewide database to access arrest warrants in Montana, some county sheriff's offices and police departments maintain warrant information on their websites. Also, local law enforcement agencies have records divisions where record seekers may obtain arrest warrants. Interested persons may visit or mail written requests to the police department or sheriff's office to request the record.

Again, arrest warrants are generally accessible through the courts. The Clerk of Court handles case filings and may provide information about arrest warrants. Visit the Clerk of Court office in the county where the case was heard to access the record. Alternatively, record seekers may access warrants from third-party websites that collate public records, including arrest warrants.