Federal Law (FCRA)
The Fair Credit Reporting Act (FCRA) establishes the federal minimum requirements for employment background checks, including disclosure and authorization requirements, consumer rights, and the adverse action process. Many states impose additional requirements that employers must also follow.
Read FCRA Overview →Montana: Key Requirements
Scroll to view all requirements below.
Ban the Box / Fair Chance Hiring
Montana has no law of any kind regulating how employers may consider criminal history, for either public or private employers. This makes Montana one of the few states without even a public sector ban the box policy. Private employers may ask about criminal history on the initial job application and at any stage of the hiring process.
Criminal Record Lookback Period
Consumer reporting agencies may not report records of arrest, indictment, or conviction that are more than 7 years old, measured from the date of disposition, release, or parole. Montana's limit has no salary exception, so it applies to every position regardless of pay.
Reporting Restrictions
Montana regulates consumer reporting agencies under Title 31, Chapter 3, Part 1. Its obsolete information statute caps bankruptcies at 14 years, and caps suits and judgments, paid tax liens, collection accounts, criminal records, and any other adverse information at 7 years. The statute has been in effect since 1975, so it is not preempted by the federal FCRA
Expunged / Sealed Records
Montana allows expungement of misdemeanor convictions only, not felonies. A person may petition to expunge 1 or more misdemeanors in a single petition, but is limited to 1 expungement order in their lifetime. If the most recent conviction is at least 5 years old and the sentence has been completed, there is a presumption in favor of expungement.
Salary History Ban
Montana does not have a salary history ban. Employers may ask applicants about their previous pay.
Credit Report Restrictions
Montana does not restrict an employer's use of consumer credit reports in hiring decisions.
Bankruptcies
Montana caps the reporting of bankruptcies at 14 years from the date of adjudication of the most recent bankruptcy. Since the federal FCRA limit of 10 years is shorter, employers must follow the FCRA baseline.
Civil Judgments & Lawsuits
Consumer reporting agencies may not report suits and judgments more than 7 years from the date of entry, or until the governing statute of limitations expires, whichever period is longer.
Tax Liens & Collections
Consumer reporting agencies may not report paid tax liens more than 7 years from the date of payment, or accounts placed for collection or charged to profit and loss that are more than 7 years old.
Marijuana / Drug Testing Protections
Montana law treats marijuana as a lawful product, and prohibits an employer from taking adverse action against an applicant or employee for its lawful use off the employer's premises during non-working hours, whether the use is medical or recreational. This protection does not extend to on-duty impairment or to safety sensitive positions, and it does not create a separate wrongful discharge claim specific to marijuana. Employers may still maintain a drug testing program under the Montana Workforce Drug and Alcohol Testing Act.
Pre-Adverse Action Notice & Waiting Period
Montana has no state law setting a specific waiting period before taking adverse action. Employers must follow the federal FCRA baseline.
Adverse Action Notice Requirements
Montana has no state law adding to the federal adverse action notice process. Employers must follow the federal FCRA baseline.
Authorization Requirements
Montana has no state law governing background check authorization. Employers must follow the federal FCRA baseline.
Individualized Assessment
No statute. EEOC guidance under Title VII applies.
Childcare Screening
Montana requires a criminal history background check for individuals working in licensed child care facilities and homes, administered by the Department of Public Health and Human Services as part of the state's child care licensing program.
Unless otherwise noted, the information on this page applies to private sector employment. Government employers and certain regulated industries may be subject to additional or different requirements.
Local Ordinances That May Apply
Click a jurisdiction below to view full details.
No Local Ordinances
No known local ordinances affecting private sector background checks or hiring practices have been identified in Montana at this time.
This list reflects known local ordinances at the time of publication and may not be exhaustive. Employers should confirm requirements for every city or county where they hire.
What This Means for Employers
Montana has no ban the box law, salary history ban, or credit report restriction, but it does limit how far back a consumer report may go. To stay compliant:
Do not consider arrest, indictment, or conviction records more than 7 years old from disposition, release, or parole. Montana's cap has no salary exception. Do not ask about or consider expunged misdemeanor records. Run the required background check before hiring for any licensed childcare role. Follow the FCRA adverse action process: pre-adverse notice with a copy of the report and a summary of rights, a reasonable chance to respond, then a final notice. Do not take adverse action against an applicant or employee solely for lawful off duty marijuana use; on duty impairment and safety sensitive roles remain exceptions.Non-compliance can result in civil penalties, damages, and legal liability under both state and local law.
Download the Montana Quick Reference Guide
Get a printable, one-page comparison of FCRA vs. Montana law.