Will an arrest that didn't lead to a conviction show up on a Montana background check?

No. Montana law (MCA 31-3-112) prohibits consumer reporting agencies from including arrest records that did not result in a conviction. This protection applies regardless of how recent the arrest was.

Can a Montana employer ask about my criminal record on a job application?

Yes. Montana does not have a ban-the-box law, so employers can ask about criminal history at any point in the hiring process, including on the initial application. However, background check reports they receive will be limited to convictions within the past 7 years.

Does Montana have a Clean Slate law?

No. Montana does not have an automatic record sealing or Clean Slate law. If you want to clear your record, you would need to explore options like deferred sentencing (where the conviction may be stricken upon successful completion of probation) or executive clemency. The 7-year reporting limit does provide some natural relief over time.

What is a deferred imposition of sentence in Montana?

Under MCA 46-18-201, a court can defer imposition of sentence and place a defendant on probation. If you successfully complete probation, the court can strike the conviction from your record. This is one of the most effective ways to clear a criminal record in Montana, though it must be part of the original sentencing — it cannot be applied retroactively to old convictions.

Can I get an old conviction expunged in Montana?

Montana has very limited expungement options for completed convictions. If you received a deferred sentence and successfully completed probation, the conviction may have been stricken. Otherwise, executive clemency (a pardon from the Governor) is the primary path to relief for older convictions. The good news is that the 7-year reporting limit means convictions older than 7 years won't appear on most background checks anyway.

Does the 7-year limit apply to all types of background checks?

The 7-year limit applies to consumer reports prepared by consumer reporting agencies (background check companies). It may not apply to direct database searches by government agencies, law enforcement, or certain licensing boards that have independent access to criminal records. For most private employer background checks, the 7-year rule will apply.

How do I get a copy of my Montana criminal record?

You can request your criminal history through the Montana Department of Justice, Criminal Records Section. You may need to provide fingerprints and pay a processing fee. Checking your own record helps you understand what employers will see and lets you address any errors.

Montana Background Check Laws

7-year lookback limitLast updated: 2026-04-01

Montana enforces a strict 7-year lookback on convictions with NO salary exception — convictions older than 7 years cannot appear on background checks. Arrests without conviction are also prohibited from reporting. No ban-the-box law and no Clean Slate law.

Overview

Montana is one of the few states that enforces a true 7-year lookback on criminal convictions with no salary exception (MCA 31-3-112). This means consumer reporting agencies cannot report convictions older than seven years regardless of the position's salary level — a meaningful protection for anyone with an older criminal record. Montana also prohibits the reporting of arrest records that did not lead to a conviction. However, the state does not have a ban-the-box law or a Clean Slate law, so employers can ask about criminal history at any point in the hiring process.

How Far Back Does a Background Check Go in Montana?

Record Type	Rule in Montana
Felony Convictions	Felony convictions follow the same 7-year rule. After 7 years, felony convictions cannot be included in a consumer report, regardless of the position or pay level.
Misdemeanor Convictions	Misdemeanor convictions follow the same 7-year rule. After 7 years, misdemeanors cannot appear on a consumer report.
All Convictions	Consumer reporting agencies may not report criminal convictions older than 7 years (MCA 31-3-112). Unlike many states with salary exceptions, Montana's 7-year limit applies to ALL positions regardless of salary. This is a strong protection for people with older records.
Arrests (No Conviction)	Arrest records that did not result in a conviction are PROHIBITED from being reported by consumer reporting agencies, regardless of how recent the arrest was (MCA 31-3-112).
Pending Cases	Pending criminal cases may still be reported as they represent active court matters. Montana law does not specifically restrict reporting of pending cases.

Ban the Box / Fair Chance

No statewide law

Montana does not have a ban-the-box law for either public or private employers. Employers can ask about criminal history at any point in the hiring process, including on the initial job application.

Clean Slate / Auto-Sealing

No Clean Slate law

Montana does not have a Clean Slate (automatic record sealing) law. There is no automatic process for sealing or expunging criminal records. Montana does allow certain records to be expunged or have convictions set aside in limited circumstances, primarily through executive clemency or specific statutory provisions for deferred sentences.

What Employers Can Do in Montana

When can employers ask about criminal history?: At any point in the hiring process, including on the initial job application. Montana has no ban-the-box law restricting the timing of criminal history inquiries.
What can they consider?: Employers can consider convictions from the past 7 years only (based on what appears on consumer reports). Convictions older than 7 years should not appear on background checks. Arrests without conviction cannot be considered. Montana does not require an individualized assessment, but employers should be aware of federal anti-discrimination guidelines under Title VII.
Individualized assessment required?: No state requirement for individualized assessment, though EEOC guidance recommends it.

Key Laws in Montana

Montana Consumer Report Restrictions (MCA 31-3-112)
Prohibits consumer reporting agencies from reporting criminal convictions older than 7 years, with no salary exception. Also prohibits reporting arrest records that did not result in a conviction.
Montana Deferred Imposition of Sentence (MCA 46-18-201)
Allows courts to defer imposition of sentence, placing the defendant on probation. Upon successful completion, the conviction may be stricken from the record, functioning similarly to expungement for eligible offenses.
Federal Fair Credit Reporting Act (15 U.S.C. § 1681)
Federal baseline for background check reporting. Montana's state law provides stronger protections than the federal standard by imposing the 7-year limit without a salary exception.

Frequently Asked Questions — Montana

How far back does a background check go in Montana?: Montana limits background check reporting of criminal convictions to 7 years, with no salary exception. This means that regardless of the salary of the position you're applying for, convictions older than 7 years cannot appear on a consumer report. This is one of the strongest time-based protections in the country.
Will an arrest that didn't lead to a conviction show up on a Montana background check?: No. Montana law (MCA 31-3-112) prohibits consumer reporting agencies from including arrest records that did not result in a conviction. This protection applies regardless of how recent the arrest was.
Can a Montana employer ask about my criminal record on a job application?: Yes. Montana does not have a ban-the-box law, so employers can ask about criminal history at any point in the hiring process, including on the initial application. However, background check reports they receive will be limited to convictions within the past 7 years.
Does Montana have a Clean Slate law?: No. Montana does not have an automatic record sealing or Clean Slate law. If you want to clear your record, you would need to explore options like deferred sentencing (where the conviction may be stricken upon successful completion of probation) or executive clemency. The 7-year reporting limit does provide some natural relief over time.
What is a deferred imposition of sentence in Montana?: Under MCA 46-18-201, a court can defer imposition of sentence and place a defendant on probation. If you successfully complete probation, the court can strike the conviction from your record. This is one of the most effective ways to clear a criminal record in Montana, though it must be part of the original sentencing — it cannot be applied retroactively to old convictions.
Can I get an old conviction expunged in Montana?: Montana has very limited expungement options for completed convictions. If you received a deferred sentence and successfully completed probation, the conviction may have been stricken. Otherwise, executive clemency (a pardon from the Governor) is the primary path to relief for older convictions. The good news is that the 7-year reporting limit means convictions older than 7 years won't appear on most background checks anyway.
Does the 7-year limit apply to all types of background checks?: The 7-year limit applies to consumer reports prepared by consumer reporting agencies (background check companies). It may not apply to direct database searches by government agencies, law enforcement, or certain licensing boards that have independent access to criminal records. For most private employer background checks, the 7-year rule will apply.
How do I get a copy of my Montana criminal record?: You can request your criminal history through the Montana Department of Justice, Criminal Records Section. You may need to provide fingerprints and pay a processing fee. Checking your own record helps you understand what employers will see and lets you address any errors.

Montana Resources

Montana Department of Justice — Criminal Records
Request your Montana criminal history record from the state Department of Justice to see what appears on your background.
Montana Legal Services Association
Free legal assistance for low-income Montanans, including help understanding criminal record issues and exploring options for record relief.
Montana Board of Pardons and Parole
Information on executive clemency and pardons in Montana, which may be an option for clearing older criminal records.

Disclaimer: This is informational only, not legal advice. Background check laws change frequently. Consult a qualified attorney in Montana for advice about your specific situation. Information was last verified on 2026-04-01.

Sources

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