Most businesses want to hire the best employees to protect their brands and reputation. If you want to hire responsible and qualified employees for your Montana business, using a comprehensive pre-employment screening method is critical.
A comprehensive Montana pre-employment background check can help to protect your business’s reputation while ensuring that you comply with the applicable state and federal laws.
Choosing the right employees can help to keep your workplace safe while ensuring that your customers’ needs are met. If you simply check your applicants’ references and search their names online, it will not be adequate to protect your company from employment issues and potential liability.
Here at iprospectcheck, we complete thousands of Montana background checks for businesses across the state, including in Billings, Missoula, Great Falls, and other cities. Our extensive experience and knowledge allow us to ensure that your pre-employment background checks will be completed properly.
To provide you with in-depth information about the requirements for conducting pre-employment checks, we have compiled information about the state and federal laws that govern the process in this comprehensive guide.
Let’s dive in.
Montana Employment Background Check Laws
Montana employers must comply with local, state, and federal laws and regulations that govern pre-employment background checks. Laws and regulations frequently change, making it important for you to ensure that you are complying with updates as they occur. At iprospectcheck, we continuously monitor changes in the laws to ensure that our process complies with all relevant rules.
Federal Laws
Several federal laws govern employment background checks, including the Fair Credit Reporting Act (FCRA), and Title VII of the Civil Rights Act of 1964 for instance. The FCRA is enforced by the Federal Trade Commission. Title VII and the other anti-discrimination laws are enforced by the Equal Employment Opportunity Commission (EEOC).
In 2012, the EEOC released guidance and recommended that employers use an individualized assessment through which applicants with criminal histories are allowed to explain why the employers should not consider them.
The FCRA
The Fair Credit Reporting Act is another major law that you need to follow with your Montana pre-employment background checks.
Under this law, you must obtain the consent of applicants or employees before you conduct background checks.
Montana State Laws
Montana’s Reporting Limitations
As a Montana employer, you should be aware of several state statutes that govern employment background checks.
Under Mont. Code Ann. § 31-3-112, Montana has rules that limit the reporting of the following information on employment background checks:
- Bankruptcies – 14-year limitation
- Civil lawsuits and judgments – Seven years
- Paid tax liens – Seven years
- Collection accounts – Seven years
- Arrests, indictments, or convictions – Seven years
It’s important to contrast Montana’s restrictions with the FCRA’s seven-year rule.
The FCRA’s seven-year rule restricts the reporting of the following information for jobs paying salaries under $75,000:
- Chapter 13 bankruptcies (10 years for Chapter 7 bankruptcies)
- Paid tax liens
- Collection accounts
- Arrests not leading to convictions
- Civil lawsuits and judgments
Montana’s state law differs in several important ways.
While Montana purportedly only restricts the reporting of information about bankruptcies when they are 14 years old or older, the FCRA restricts CRAs from reporting Chapter 13 bankruptcies older than seven years and Chapter 7 bankruptcies older than 10 years.
Since the FCRA’s seven-year rule is more restrictive than the state’s rule, the FCRA’s rule will apply.
However, there is also a difference in terms of salary. The FCRA’s seven-year rule only applies to jobs paying annual salaries of less than $75,000. By contrast, Montana doesn’t include a salary threshold, which means that Montana’s limitations apply to all jobs irrespective of salary.
Background Check and Medical Exam Fees Prohibited
Employers are not allowed to charge applicants or employees fees to conduct background checks or a medical exam as a condition of employment under Mont. Code Ann. § 39-2-301.
Social Media Law
You also cannot ask an applicant for his or her social media accounts and passwords under Mont. Code Ann. § 39-2-307.
Know Before You Hire
What Appears on a Montana Pre-Employment Background Check?
A Montana background check can be comprehensive and include the relevant information that you need. Most employers request any criminal history information, verification of past employment, and the verification of education and credentials.
Criminal History Information
If an applicant has committed a criminal offense, you will be able to see the file date, charges, disposition date, case number, and you may get some sentencing information. If the applicant has an expunged record, it will not appear on a Montana pre-employment background check.
Employment Verification
An applicant’s employment verification information lets you see whether an applicant has falsely reported experience. You can confirm the dates the applicant worked for his or her former employers and the positions he or she held at each job. This information can help you to avoid negligent hiring claims.
Education and Credentials
Your Montana employment background check can also include information about an applicant’s education and any professional credentials he or she might hold. This can allow you to confirm that an applicant earned a degree or obtained professional licensure in his or her field. This type of information helps you to ensure that you are hiring qualified applicants.
How Far Back Do Background Checks go in Montana?
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.
While the FCRA’s restrictions do not apply for salaried employees earning $75,000 or more, Montana’s state law about obsolete information does not have any salary cap.
The Montana seven-year limit applies to the following types of background information:
- Most lawsuits and judgments
- Paid tax liens
- Debts sent to collections or written off as a loss
- Arrest, indictment, and conviction records
While you might be able to secure copies of an applicant’s criminal history information from longer than seven years ago, it is not a good idea to make hiring decisions based on them.
When you work with a reputable Montana pre-employment background check provider, it can help you to avoid relying on prohibited information during the hiring process.
These time restrictions for criminal history and certain types of credit information do not prevent you from relying on information about an applicant’s education, employment history, from longer than seven years ago, however.
How to Get a Montana Background Check for Employment
Criminal records are held in a central repository with the Montana Department of Justice. You can apply in person, by mail, or online. You must have the person’s name, Social Security number, date of birth, and any known aliases. The MDOJ charges a fee ranging from $15 to $30, depending on the amount of information you request.
The information on a Montana background check from the MDOJ is limited. It only includes criminal history information. It does not include driving histories unless it relates to a felony offense. It also does not include consumer credit information or educational verification information. Since these records are incomplete, they do not provide a comprehensive picture of an applicant’s background.
Going through the records for each applicant in every jurisdiction where he or she has lived is also time-consuming and unnecessarily labor intensive. This approach also may not capture criminal history information from a jurisdiction in which an applicant might have lived.
Because of the serious consequences that you can face for violating the federal and state background check laws in Montana, it is better to work with a reputable Montana background check provider like iprospectcheck.
You can choose the specific types of background reports that apply to your business instead of paying for reports that will not be used. We also offer substantial discounts for employers that order a high volume of employment background checks. Working with iprospectcheck is cost-effective and helps to ensure that you receive an up-to-date and comprehensive report of your applicant’s background.
How Much Does a Background Check Cost in Montana?
If you go through the Montana Department of Justice to obtain a criminal background check of an applicant, it will cost between $15 and $30. However, the information will not be complete and will not include all of the types of information that you might need.
If you search online, you might find unreliable vendors that offer free Montana background checks. However, the reports you might get from these vendors might not be accurate or comply with the laws.
It is also not a good idea to try to conduct background checks within your company by checking municipal and county court records. This approach is not cost-effective because of the number of labor hours it will require.
The most affordable alternative is to rely on a reputable background check company like iprospectcheck. We use the latest research and data collection strategies, helping us to provide accurate results to our clients. Because of the methods that we use, we can return comprehensive Montana pre-employment background checks quickly.
iprospectcheck: Your Trusted Partner for Fast, Accurate, Compliant Montana Background Checks
Completing a thorough and legally complaint Montana background check will require you to have access to all relevant records. At iprospectcheck, we have the resources you need and comprehensive access to these records for your applicants.
Our professional team is thoroughly trained and understands all the steps involved in completing a comprehensive employment background check. This helps to ensure that you will receive current, accurate, and legally compliant reports.
Additionally, our team is based in the U.S. and promptly responds to any questions you might have during the background check process.
Contact iprospectcheck to request a free, no-obligation consultation to learn more about the extensive Montana employment background check services we offer.
DISCLAIMER: The resources provided here are for educational purposes only and do not constitute legal advice. Consult your counsel if you have legal questions related to your specific practices and compliance with applicable laws.
County Resources
Beaverhead County
Beaverhead County is located in the southwestern corner of Montana and has a population of approximately 9,800. The county seat is Dillon. The county was named after a rock in the Jefferson River shaped like a beaver’s head called Beaverhead Rock.
Some useful public resources for Beaverhead County employers include:
Big Horn County
Big Horn County is located in south-central Montana on the state’s border. It has a population of approximately 12,700. The county seat is Hardin. The county was named after the bighorn sheep that roam the area.
Some useful public resources for Big Horn County employers include:
Blaine County
Blaine County is located in north-central Montana on the state’s northern border and has a population of approximately 6,600. The county seat is Chinook. The county was named after James C. Blaine, who served as U.S. Secretary of State and ran for U.S. President.
Some useful public resources for Blaine County employers include:
Broadwater County
Broadwater County is located in west-central Montana and has a population of approximately 8,000. The county seat is Townsend. The county was named after Charles Broadwater, a colonel in the U.S. Army and an early pioneer.
Some useful public resources for Broadwater County employers include:
Carbon County
Carbon County is located in south-central Montana and has a population of approximately 11,400. The county seat is Red Lodge. The county was named after the coal mined in the area.
Some useful public resources for Carbon County employers include:
Carter County
Carter County is located in the southeastern corner of Montana and has a population of approximately 1,400. The county seat is Ekalaka. The county was named after Thomas Henry Carter, an early U.S. Senator from Montana.
Some useful public resources for Carter County employers include:
Cascade County
Cascade County is located in central Montana and has a population of nearly 85,000. The county seat is Great Falls. The county was named after the Missouri River’s Great Falls.
Some useful public resources for Cascade County employers include:
Chouteau County
Chouteau County is located in north-central Montana and has a population of approximately 5,800. The county seat is Fort Benton. The county was named after members of the Chouteau fur-trading family.
Some useful public resources for Chouteau County employers include:
Custer County
Custer County is located in southeastern Montana, with a population of almost 12,000. The county seat is Miles City. The county was named after George Armstrong Custer.
Some useful public resources for Custer County employers include:
Daniels County
Daniels County is in northeastern Montana along the state’s northern border. It has a population of approximately 1,700. The county seat is Scobey. The county was named for Mansfield Daniels, an early storekeeper and rancher in the area.
Some useful public resources for Daniels County employers include:
Dawson County
Dawson County is located in eastern Montana and has a population of approximately 8,800. The county seat is Glendive. The county was named for Andrew Dawson, who served as a major in the U.S. Army.
Some useful public resources for Dawson County employers include:
Deer Lodge County
Deer Lodge County is in western Montana and has a population of approximately 9,600. The county seat is Anaconda. The county was named for Deer Lodge Valley.
Some useful public resources for Deer Lodge County employers include:
Fallon County
Fallon County is located in southeastern Montana and has a population of just under 3,000. The county seat is Baker. The county was named after Benjamin O’Fallon, a Native American agent.
Some useful public resources for Fallon County employers include:
Fergus County
Fergus County is in central Montana and has a population of approximately 11,700. The county seat is Lewistown. The county was named after Andrew Fergus, one of the earliest settlers in the region.
Some useful public resources for Fergus County employers include:
Flathead County
Flathead County is located in northwestern Montana and has a population of approximately 113,600. The county seat is Kalispell. The county was named after the Flathead people.
Some useful public resources for Flathead County employers include:
Gallatin County
Gallatin County is in southwestern Montana and has a population of approximately 126,000. The county seat is Bozeman. The county was named after Albert Gallatin, who served as the U.S. Secretary of the Treasury.
Some useful public resources for Gallatin County employers include:
Garfield County
Garfield County is located in eastern Montana and has a population of approximately 1,200. The county seat is Jordan. The county was named after former U.S. President James C. Garfield.
Some useful public resources for Garfield County employers include:
Glacier County
Glacier County is in northwestern Montana on the state’s border with Canada. It has a population of approximately 13,600. The county seat is Cut Bank. The county was named after Glacier National Park, which the county borders.
Some useful public resources for Glacier County employers include:
Golden Valley County
Golden Valley County is located in central Montana and has a population of approximately 800. The county seat is Ryegate. The county was given its name to try to entice settlers to move to the area.
Some useful public resources for Golden Valley County employers include:
Granite County
Granite County is located in western Montana and has a population of approximately 3,600. The county seat is Philipsburg. The county was named after granite found in the mountains and an old silver mining town that also shared the name.
Some useful public resources for Granite County employers include:
Hill County
Hill County is located in north-central Montana on the state’s border with Canada and has a population of approximately 16,200. The county seat is Havre. The county was named after James C. Hill, a railroad tycoon.
Some useful public resources for Hill County employers include:
Jefferson County
Jefferson County is located in western Montana and has a population of approximately 12,000. The county seat is Boulder. The county was named after former U.S. President Thomas Jefferson.
Some useful public resources for Jefferson County employers include:
Judith Basin County
Judith Basin County is located in central Montana and has a population of approximately 2,000. The county seat is Stanford. The county was named for the Judith River.
Some useful public resources for Judith Basin County employers include:
Lake County
Lake County is located in northwestern Montana and has a population of approximately 33,000. The county seat is Polson. The county derives its name from Flathead Lake.
Some useful public resources for Lake County employers include:
Lewis and Clark County
Lewis and Clark County is located in west-central Montana and has a population of approximately 75,000. The county seat is Helena. The county was named after Meriwether Lewis and William Clark, the famed explorers known for the Lewis & Clark Expedition to explore the West.
Some useful public resources for Lewis and Clark County employers include:
Liberty County
Liberty County is located in north-central Montana on the state’s border with Canada and has a population of approximately 2,000. The county seat is Chester. The county was named shortly after World War I to represent the feelings of the people at that time.
Some useful public resources for Liberty County employers include:
Lincoln County
Lincoln County is located in the northwestern corner of Montana and has a population of approximately 21,900. The county seat is Libby. The county was named after former U.S. President Abraham Lincoln.
Some useful public resources for Lincoln County employers include:
Madison County
Madison County is located in southwestern Montana and has a population of approximately 8,700. The county seat is Virginia City. The county was named after former U.S. President James Madison.
Some useful public resources for Madison County employers include:
McCone County
McCone County is located in northeastern Montana and has a population of approximately 1,700. The county seat is Circle. The county was named after George McCone, a state senator and early founder of the county.
Some useful public resources for McCone County employers include:
Meagher County
Meagher County is located in central Montana and has a population of approximately 2,000. The county seat is White Sulphur Springs. The county was named after Thomas Meager, who served as the Acting Governor of the Montana Territory.
Some useful public resources for Meagher County employers include:
Mineral County
Mineral County is located in western Montana and has a population of approximately 5,000. The county seat is Superior. The county was named after the mines that dot the area.
Some useful public resources for Mineral County employers include:
Missoula County
Missoula County is located in western Montana and has a population of approximately 121,800. The county seat is Missoula. The county’s name is derived from a contraction of two words from the Flathead people.
Some useful public resources for Missoula County employers include:
Musselshell County
Musselshell County is located in central Montana and has a population of approximately 5,300. The county seat is Roundup. The county was named after the Musselshell River.
Some useful public resources for Musselshell County employers include:
Park County
Park County is situated in south-central Montana and has a population of approximately 17,000. The county seat is Livingston. The county was named after Yellowstone National Park.
Some useful public resources for Park County employers include:
Petroleum County
Petroleum County is in central Montana and has a population of approximately 550. The county seat is Winnett. The county is named after the petroleum produced at Cat Creek.
Some useful public resources for Petroleum County employers include:
Phillips County
Phillips County is located in north-central Montana on the state’s border with Canada and has a population of approximately 4,200. The county seat is Malta. The county was named after Benjamin Phillips, a pioneer and early rancher.
Some useful public resources for Phillips County employers include:
Pondera County
Pondera County is located in north-central Montana and has a population of approximately 6,100. The county seat is Conrad. The county’s name is a different spelling of a French word that means “pendant”.
Some useful public resources for Pondera County employers include:
Powder River County
Powder River County is located in southeastern Montana and has a population of approximately 1,700. The county seat is Broadus. The county was named after the Powder River.
Some useful public resources for Powder River County employers include:
Powell County
Powell County is located in western Montana and has a population of approximately 7,100. The county seat is Deer Lodge. The county was named after Mount Powell.
Some useful public resources for Powell County employers include:
Prairie County
Prairie County is located in eastern Montana and has a population of approximately 1,100. The county seat is Terry. The county was named after its location on the Great Plains.
Some useful public resources for Prairie County employers include:
Ravalli County
Ravalli County is located in western Montana and has a population of approximately 44,000. The county seat is Hamilton. The county was named after Jesuit missionary Anthony Ravalli.
Some useful public resources for Ravalli County employers include:
Richland County
Richland County is located in eastern Montana and has a population of approximately 10,800. The county seat is Sidney. The county was given its name to try to attract settlers.
Some useful public resources for Richland County employers include:
Roosevelt County
Roosevelt County is located in northeastern Montana and has a population of approximately 10,300. The county seat is Wolf Point. The county was named after former U.S. President Theodore Roosevelt.
Some useful public resources for Roosevelt County employers include:
Rosebud County
Rosebud County is located in southeastern Montana and has a population of approximately 8,100. The county seat is Forsyth. The county was named after the Rosebud River.
Some useful public resources for Rosebud County employers include:
Sanders County
Sanders County is located in northwestern Montana and has a population of approximately 12,000. The county seat is Thompson Falls. The county was named after Wilbur Fiske Sanders, a former U.S. Senator and pioneer.
Some useful public resources for Sanders County employers include:
Sheridan County
Sheridan County is located in the northeastern corner of Montana on the state’s border with Canada. It has a population of approximately 3,500. The county seat is Plentywood. The county was named after Phillip Sheridan, a general of the American Civil War.
Some useful public resources for Sheridan County employers include:
Silver Bow County
Silver Bow County is located in southwestern Montana and has a population of approximately 36,000. The county seat is Butte. The county is named after Silver Bow Creek.
Some useful public resources for Silver Bow County employers include:
Stillwater County
Stillwater County is located in south-central Montana and has a population of approximately 9,100. The county seat is Columbus. The county was named after the Stillwater River.
Some useful public resources for Stillwater County employers include:
Sweet Grass County
Sweet Grass County is located in south-central Montana and has a population of approximately 3,800. The county seat is Big Timber. The county was named after the sweet grass found in the area.
Some useful public resources for Sweet Grass County employers include:
Teton County
Teton County is located in north-central Montana and has a population of approximately 6,400. The county seat is Choteau. The county was named after the Teton Mountain Range.
Some useful public resources for Teton County employers include:
Toole County
Toole County is located in north-central Montana and has a population of approximately 4,700. The county seat is Shelby. The county is named after Joseph Toole, who served as Governor of Montana twice.
Some useful public resources for Toole County employers include:
Treasure County
Treasure County is located in southeastern Montana and has a population of approximately 770. The county seat is Hysham. The county was given its name to try to attract settlers.
Some useful public resources for Treasure County employers include:
Valley County
Valley County is located in northeastern Montana and has a population of approximately 7,500. The county seat is Glasgow. The county was given its name because it is located in the valley of the Milk River.
Some useful public resources for Valley County employers include:
Wheatland County
Wheatland County is located in central Montana and has a population of approximately 2,000. The county seat is Harlowton. The county was given its name because of the wheat grown in the area.
Some useful public resources for Wheatland County employers include:
Wibaux County
Wibaux County is located in eastern Montana and has a population of approximately 900. The county seat is Wibaux. The county was named after Pierre Wibaux, a cattleman and pioneer.
Some useful public resources for Wibaux County employers include:
Yellowstone County
Yellowstone County is the most populous county in Montana and has a population of approximately 166,000. The county seat is Billings. The county was named after Yellowstone National Park.
Some useful public resources for Yellowstone County employers include:
