Montana Criminal History Record Policy
Description
How to fill out Criminal History Record Policy?
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FAQ
In general, background checks typically cover seven years of criminal and court records, but can go back further depending on compliance laws and what is being searched.
In Montana, employment background checks must comply with the FCRA and state law for how far back adverse information can be reported and used to make a hiring decision. The FCRA restricts non-conviction information from longer than seven years from being used to disqualify an applicant for employment.
Ban-the-box laws prohibit employers from asking about a person's criminal history on a job application.
Currently, Idaho is one of the only states in the country with no ban the box legislation on the bookseither at the state level or for local jurisdictions.
Montana currently does not have a statewide Ban the Box law. These laws are designed to give individuals who have minor criminal records a second chance at employment, reduce the rate of recidivism and expand the applicant pool for job seekers.
The Montana Department of Justice Criminal Records and Identification Services Section charges between $10.00 and $30.00 for a Public Criminal Records Background Check.
Yes, Montana Criminal Records are publicly available according to the state's Public Records Law. While Montana law enforcement can obtain an individual's complete criminal history records, state public criminal records are limited to basic arrest and court information on felony and misdemeanor charges.
Fair Credit Reporting Act (FCRA)The FCRA restricts CRAs from reporting information about arrests more than seven years old that did not result in convictions. Information about judgment liens, bankruptcies, civil lawsuits, and collection accounts may also not be reported when they are seven or more years old.
Colorado has a Ban the Box law that prohibits private employers from asking about criminal background on the initial employment application. This way, employers can no longer disqualify job applicants with criminal records without first considering their qualifications.
The law provides that, effective July 1, 2012, residents of Indiana with restricted or sealed criminal records may legally state on an "application for employment or any other document" that they have not been adjudicated, arrested or convicted of the offense recorded in the restricted records.
