Montana Background Check Laws

MT Employer Compliance Guide

Employers in Montana must navigate specific state laws in addition to federal regulations when conducting background checks.

Content updated

Ban-the-Box: NoneApplies to: N/A

Montana background check laws at a glance

Does Montana have a ban-the-box law?
No statewide ban-the-box law. Montana employers follow federal FCRA and EEOC guidance, plus any local ordinance.
Can employers ask about salary history?
No statewide salary history ban in Montana. Local rules may still apply.
How far back can a background check go?
Montana law does not impose additional limitations on the reporting of criminal records beyond those established by the federal FCRA. The FCRA generally prohibits reporting non-conviction records older than seven years and convictions older than seven years for jobs with an annual salary under $75,000. However, these limitations do not apply to conviction records for jobs with a salary of $75,000 or more, or to certain other types of information like bankruptcies, liens, or civil judgments.
Governing statutes
Montana Human Rights Act (MCA Title 49, Chapter 2); Montana Consumer Protection Act (MCA Title 30, Chapter 14, Part 1)

Complying with Montana's background check laws is crucial for employers to avoid legal penalties and ensure fair hiring practices. While the federal Fair Credit Reporting Act (FCRA) sets a baseline for consumer report usage, Montana has its own regulations that can impact how and when employers can inquire about a candidate's history. Understanding these nuances is essential for any business operating in the state. This guide provides a comprehensive overview of Montana's specific requirements, including any ban-the-box provisions, restrictions on reporting certain information, and other critical considerations. Adhering to these guidelines not only ensures legal compliance but also promotes a more equitable hiring process for all applicants.

Ban-the-Box Laws

Montana does not have a statewide ban-the-box law that restricts when private or public employers can inquire about an applicant's criminal history. Employers are generally permitted to ask about criminal history on initial job applications.

State FCRA Variations

Montana's laws generally align with the federal FCRA regarding the use of consumer reports for employment purposes. Employers must still comply with all FCRA requirements, such as obtaining written consent, providing pre-adverse action notices, and adverse action notices when using third-party background check companies. Montana does not impose additional state-specific disclosure or authorization requirements beyond the FCRA.

Reporting Limitations

Montana law does not impose additional limitations on the reporting of criminal records beyond those established by the federal FCRA. The FCRA generally prohibits reporting non-conviction records older than seven years and convictions older than seven years for jobs with an annual salary under $75,000. However, these limitations do not apply to conviction records for jobs with a salary of $75,000 or more, or to certain other types of information like bankruptcies, liens, or civil judgments.

Expungement & Record Sealing

Montana law allows for the expungement or sealing of certain criminal records, particularly for juvenile offenses and some adult misdemeanor convictions. If a record has been legally expunged or sealed, it should not appear on a background check. Employers should treat such records as if they never occurred. Requesting or considering expunged or sealed records could lead to legal liability. Employers should ensure their background check providers are aware of and comply with Montana's expungement laws.

Key Screening Rules

Comply with FCRA for third-party checks

Job-relatedness and business necessity

Consider expunged/sealed records

No statewide ban-the-box

Fair consideration of criminal history

Frequently Asked Questions: Montana

Does Montana have a ban-the-box law for private employers?

No, Montana does not have a statewide ban-the-box law that applies to private employers. Employers can generally ask about criminal history on initial job applications.


Are there any restrictions on asking about salary history in Montana?

No, Montana law does not prohibit employers from asking about a job applicant's salary history.


What are the rules for using criminal records in Montana?

Employers must comply with the federal FCRA if using a third-party background check service. Additionally, any criminal history considered should be job-related and consistent with business necessity to avoid discrimination claims. Expunged or sealed records should not be considered.


Do I need to get consent for a background check in Montana?

Yes, if you are using a third-party consumer reporting agency, you must obtain written consent from the applicant, as required by the federal FCRA.


Can I consider expunged records in Montana?

No, if a criminal record has been legally expunged or sealed under Montana law, employers should not consider it during the hiring process.

Key Statutes

Montana Human Rights Act (MCA Title 49, Chapter 2)

— Prohibits discrimination in employment based on race, creed, religion, color, sex, physical or mental disability, age, or national origin. While not directly about background checks, it governs fair hiring practices.

Montana Consumer Protection Act (MCA Title 30, Chapter 14, Part 1)

— While primarily focused on consumer transactions, it broadly covers unfair and deceptive practices, which could potentially apply to misrepresentations in background check processes, though the FCRA is more specific.


This guide is for educational purposes and does not constitute legal advice.

Sources for this Montana guide

Statutes change. Confirm the current text on the issuing agency's own site before relying on it for a hiring decision.

Montana primary authority

Federal authority

Legal disclaimer. This Montana guide is general information about employment screening law, not legal advice, and it does not create an attorney–client relationship. State and local requirements change, often apply only to certain employers or job types, and can be preempted or supplemented by local ordinances. DatabaseRecords is a records-research and investigative firm, not a law firm. Consult qualified employment counsel in Montana before adopting or changing a screening policy.

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