Learn How to Find, Access and Understand Montana Arrest Records

The term 'arrest' means to physically hold someone by detaining or serving summon by law. Montana arrest record databases include the names of the people who have ever been arrested while in Montana. As per the norms of record maintenance, anyone who has been charged but not arrested is not included in this particular database.

Arrest Records Online

Gone are the days when the databases were maintained manually. Now, an electronic database has made it easier to handle, update and access the record of Montana arrests. Usually, all the records since 1986 have been stored in this repository, but most of the counties can provide you the data through the last seven years. By producing the first and last names and the year, information on a particular arrest can be extracted.

Until very recently, the Montana arrest records were not accessible to the common people. However, seeing the huge demand, law enforcement authorities have made it public. Now it can be accessed through websites also. Before that, one had to go to the nearest courthouse and fill out the requisite form and the documents were dispatched to the mentioned address of the applicant. Now Montana records are maintained and updated by the law enforcement body of the Montana Department of Justice. They can be found at http://www.doj.mt.gov/default.asp.

How to Find Montana Arrest Records

The arrest records of Montana are collected from the criminal records department. Arrest records can be accessed by two ways- via the name and date of birth, or fingerprints-based.

In the first case, you need to provide the name, birth date and if possible Social Security number of the offender. For a fingerprints-based search, fingerprint cards are required along with other personal information. Information on these records may be found by visiting http://www.doj.mt.gov/enforcement/criminaljustice/backgroundchecks.asp.

The general public can access these records but they will be charged $11.50 per usage. Users may go to the Criminal History Online Public Record Search and conduct their search as a public or registered user. The name-based search is conducted by both online or mail request, but a fingerprints-based check is to be requested by mail only. For mail requests of either search, you need to send one stamped, self-addressed envelope along with a $10 processing fee to be paid by check or money order. The mailing address for the records section of Montana is: Montana Criminal Records, 303 North Roberts, P.O. Box 201403, Helena, MT 59620-1403. For online requests, their email is dojitsdpublicrecords@mt.gov. They are also accessible at (406) 444-3625.

Information Available in Arrest Records

There is a restriction on the extent of information released to general public. In Montana, the common public is entitled to access arrest-related information pertaining to misdemeanor and felony charges. Also, only those cases are divulged that have been opened and concluded properly. Any case that had been suspended or is in still ongoing is kept away from public access. This is done to make sure that the right to fair justice is maintained and the information gathered by a source does not jeopardize the case.

However, the law enforcement organizations can obtain any information related to criminal histories in Montana or elsewhere, but only to serve the purpose of criminal justice. This means that any officer of this department cannot use his or her power to extract information for personal usage. This is done to ensure that the information remains safe.

Who Can Access Arrest Records?

According to Article II, Section 9 of the Constitution of Montana, the 'Right to Know' clause declares that everyone is entitled to examine the documents or observe the deliberations of public agencies of government and any sub-divisions. One exception to the declaration is those cases where the need of privacy is visibly more important than the disclosure of the information.

This service is also provided by state, county or private agencies. Rates of each agency are not the same, yet they are likely to vary a little. With authentic government sources, you are not required to log in to the commercial websites. Though extracted from authentic sources, the records gathered from these sites are least likely to be admissible in any court as proof. So, if you need arrest records for some serious reason like investigating an old case or hiring an employee for a crucial designation in your office, opt for the government sources.