Home › Employment background check laws › Montana
Montana background check laws for employers
Montana has no fair-chance law for private employers. Its consumer reporting law bars reports of arrests, indictments, or convictions more than 7 years old, with no salary exception, and requires an employer that denies a job based on a report to name the reporting agency. No Montana law limiting credit checks was found.
Have a whole roster to keep current every month? DOT fleets: Pact's monthly DOT program, $25 a driver a month ($99 minimum), or $19 a month for an owner-operator. Nursing homes, hospice and home care: staff credential tracking, $10 a staff member a month ($250 minimum). First month free.
Fair-chance hiring (criminal history)
- No Montana law limiting when private employers may ask about or check criminal history was found (MCA reviewed).
City and county rules
- No Billings or Missoula ordinance limiting private employers' criminal history questions was found in those codes (Municode, searched Oct. 2026).
State consumer report rules
- An employer that denies a job wholly or partly because of a consumer report must tell the person and give the name and address of the reporting agency (MCA 31-3-131(1)).
- Montana's investigative consumer report notice rule does not apply when the report is for a job the person applied for (MCA 31-3-113(1)(b)).
- A user of consumer reports who willfully or negligently fails to follow the state law can be liable for damages and attorney fees, and punitive damages if willful (MCA 31-3-142, 31-3-143).
How far back a report can go
- Consumer reports may not include records of arrest, indictment, or conviction of crime more than 7 years old, counted from disposition, release, or parole (MCA 31-3-112(5)).
- Montana's 7-year limit has no salary exception (MCA 31-3-112).
- Montana allows a one-time misdemeanor expungement, but the law does not say what employers may ask about expunged records (MCA 46-18-1104, 46-18-1110).
Credit checks
- No Montana law limiting employer use of credit reports beyond federal FCRA was found (MCA reviewed).
Common questions
Can Montana employers run a background check?
Montana has no fair-chance law for private employers. Its consumer reporting law bars reports of arrests, indictments, or convictions more than 7 years old, with no salary exception, and requires an employer that denies a job based on a report to name the reporting agency. No Montana law limiting credit checks was found.
Does Montana have a ban-the-box law for private employers?
No Montana law limiting when private employers may ask about or check criminal history was found (MCA reviewed).
How far back does a background check go in Montana?
Consumer reports may not include records of arrest, indictment, or conviction of crime more than 7 years old, counted from disposition, release, or parole (MCA 31-3-112(5)).
Can Montana employers run credit checks on applicants?
No Montana law limiting employer use of credit reports beyond federal FCRA was found (MCA reviewed).
Some rules for Montana weren't confirmed from an official source. Check with the state before relying on this page.
Sources
- MCA 31-3-102 (official, 2025 MCA)
- MCA 31-3-112 (official, 2025 MCA)
- MCA 31-3-113 (official, 2025 MCA)
- MCA 31-3-131 (official, 2025 MCA)
- MCA 31-3-142 (official, 2025 MCA)
- MCA 31-3-143 (official, 2025 MCA)
- MCA 46-18-1104 (official, 2025 MCA)
- MCA 46-18-1110 (official, 2025 MCA)
- Billings and Missoula codes (Municode, searched)
This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.