At-a-Glance Compliance Overview

State Mini-FCRA Laws

Montana does not maintain a consumer reporting statute comparable to the “mini-FCRA” laws adopted in states such as California, Massachusetts, or Colorado.

Employment background checks obtained from consumer reporting agencies are governed primarily by the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.).

Employers using third-party background screening providers must comply with federal requirements, including:

• providing a clear written disclosure before obtaining a consumer report
• obtaining written authorization from the applicant or employee
• providing pre-adverse action and adverse action notices when information in a consumer report influences an employment decision.

Criminal Record Reporting Rules

Montana does not impose state-specific reporting limits on criminal convictions in employment background checks.

Convictions

Criminal convictions may generally be reported without time limitation under FCRA §605(a)(5).

Non-Convictions

Under the Fair Credit Reporting Act, consumer reporting agencies generally may not report arrests or other adverse non-conviction information that is more than seven years old, subject to federal salary threshold exceptions.

Criminal Record Reporting Rules

Montana law does not establish a detailed statutory framework governing how employers must evaluate criminal history in hiring decisions. Employers should ensure that employment decisions are:

• based on legitimate business reasons
• consistent with applicable anti-discrimination laws

General employment law principles, including lawful off-duty conduct protections, may influence how certain background information is evaluated.

Record Sealing / Expungement

Montana provides mechanisms for expungement and record sealing, primarily for misdemeanor offenses.

Relevant statutes include:

Mont. Code Ann. §46-18-1104 et seq. – Expungement and sealing provisions

Eligible individuals may petition to:

• expunge certain misdemeanor convictions after a waiting period
• expunge arrests or charges not resulting in conviction under specific conditions

Expungement of felony convictions is limited to narrow circumstances, such as certain marijuana-related offenses.

Expunged or sealed records are generally not available for public background checks.

Fair Chance / Ban-the-Box Law

Montana has not adopted a statewide ban-the-box law applicable to private employers.

Private employers may:

• inquire about criminal history at any stage of the hiring process
• include criminal history questions on initial job applications

No state or local timing restrictions apply.

Credit Check Restrictions

Montana does not have a statute specifically restricting employer use of credit reports for employment purposes.

Employers may obtain and use credit reports in compliance with the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.).

Employers should ensure that any use of credit information is:

• job-related
• consistent with applicable anti-discrimination laws

Cannabis Use and Drug Testing Rules

Montana permits both medical and recreational marijuana use.

Montana law does not require employers to accommodate marijuana use in the workplace, but recognizes lawful off-duty conduct protections that may affect employment decisions.

Employers may:

• maintain drug-free workplace policies
• prohibit marijuana use during work hours
• discipline employees for workplace impairment or positive drug tests, subject to applicable law

Pay Equity and Salary History Rules

Montana does not maintain a statewide salary history ban or pay transparency law affecting private employers.

Employers must comply with federal anti-discrimination laws governing compensation.

Local Fair Chance or Screening Ordinances

No local fair chance hiring ordinances, credit check restrictions, cannabis testing restrictions, or pay transparency laws affecting private employers have been identified in Montana.

Key Statutes

• Expungement / Sealing – Mont. Code Ann. §46-18-1104 et seq.

Employer Compliance Checklist

Follow federal Fair Credit Reporting Act disclosure, authorization, and adverse action requirements when ordering background checks.

• Ensure expunged or sealed records are not considered in employment decisions.

• Apply criminal history screening policies consistently to reduce discrimination risks.

• Evaluate use of credit information for job-relatedness and compliance with employment laws.

• Consider lawful off-duty conduct protections when evaluating employment decisions.

• Maintain clear workplace drug testing policies addressing marijuana use and workplace impairment.