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Montana Background Check Laws

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Montana Employment Screening Laws

Employee Background Checks and Drug Screening Trends White Paper

Employers that are either located in Montana or hiring Montana residents must abide by the Federal FCRA, and applicable Montana state employment laws.

This page was created to provide a simple explanation of what an end-user of a background screening report (also known as consumer report) can use in order to be in compliance with Montana state laws. This page also contains steps an end-user must take to stay in compliance with Montana state laws.

Please keep in mind that the EEOC must always be taken into consideration when a hiring decision is to be made. The EEOC has provided guidance on how employers can use criminal records during the hiring process. This regulation was issued on April 25, 2012. The EEOC requires employers to individually review each applicant or employee that may be disqualified due to a criminal record. This also follows the regulations set forth by the Americans with Disabilities Act (ADA). Additionally, the EEOC wants to undertake an adverse action process similar to that of the FCRA. They want to add a pre-adverse action process of their own. Although employers already have an adverse action process that is specific to information contained in consumer reports, the EEOC's adverse action process may be different.

The information that is provided on this page does not discuss requirements under the EEOC nor does it explain how to use criminal records that fall under the regulation of the EEOC. It is suggested that compliance with the EEOC be discussed with legal counsel.

For more detailed information on Montana state laws, please consult your legal counsel.

Employment Background Check Laws In Montana:

Montana Code Annotated §31-3-112: Obsolete Information.

Info Cubic Ninja's summary

Consumer reporting agencies may only report records of arrests, or records of convictions, that occurred within the last 7 years. Consumer reporting agencies may not report records that antedate the report by more than 7 years.

31-3-112. Obsolete information. No consumer reporting agency may make any consumer report containing any of the following items of information:

(1) bankruptcies which, from date of adjudication of the most recent bankruptcy, antedate the report by more than 14 years;

(2) suits and judgments which, from date of entry, antedate the report by more than 7 years or until the governing statute of limitations has expired, whichever is the longer period;

(3) paid tax liens which, from date of payment, antedate the report by more than 7 years;

(4) accounts placed for collection or charged to profit and loss which antedate the report by more than 7 years;

(5) records of arrest, indictment, or conviction of crime which, from date of disposition, release, or parole, antedate the report by more than 7 years;

(6) any other adverse item of information which antedates the report by more than 7 years.

Fair Credit Reporting Act (FCRA):

The Fair Credit Reporting Act (FCRA) is a set of federal guidelines that helps regulate hiring practices. The FCRA was created to ensure privacy, accuracy, and fairness of consumer information. The FCRA accomplishes this by having a set standard for collecting, disseminating, and using consumer information.

Employers obtaining consumer reports for background screening purposes must follow specific procedures. For example, employers must disclose to the candidate what the background screening is, what information it includes, and how they intend to use it. They must obtain the written consent of the candidate before obtaining a background screening. They may not misuse the information contained in the background screening. There are also strict procedures an employer must follow should they decide not to hire a potential candidate based on the information in the background screening.

The purpose of the FCRA is to help protect employers, employees, and potential job candidates.

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

No additional “Ban the Box” state or local laws to consider. Please keep in mind that laws are always changing, and we recommend that you seek legal counsel for the most up-to-date legal information.


Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Court Fees:

County: Court Fee: County: Court Fee: County: Court Fee:
Beaverhead $10.00 Big Horn $25.00 Blaine $14.00
Broadwater $14.00 Carbon $34.00 Carter $21.00
Cascade $10.00 Chouteau $14.00 Custer $25.00
Daniels $14.00 Dawson $10.00 Deer Lodge $5.00
Fallon $39.00 Fergus $14.00 Flathead $10.00
Gallatin $25.00 Garfield $39.00 Glacier $28.00
Golden Valley $28.00 Granite $7.00 Hill $16.00
Jefferson $20.00 Judith Basin $28.00 Lake $10.00
Lewis And Clark $28.00 Liberty $28.00 Lincoln $14.00
Madison $14.00 McCone $28.00 Meagher $28.00
Mineral $25.00 Missoula $10.00 Musselshell $39.00
Park $39.00 Petroleum $14.00 Phillips $14.00
Pondera $14.00 Powder River $25.00 Powell $25.00
Prairie $14.00 Ravalli $14.00 Richland $39.00
Roosevelt $24.00 Rosebud $10.00 Sanders $25.00
Sheridan $28.00 Silver Bow $10.00 Stillwater $14.00
Sweet Grass $28.00 Teton $14.00 Toole $31.00
Treasure $39.00 Valley $28.00 Wheatland $14.00
Wibaux $21.00 Yellowstone $0.00

Summary of Rights:

State of Montana - Consumer Rights Notice

Every consumer reporting agency shall, upon request and proper identification of any consumer, clearly and accurately disclose to the consumer the nature and substance of all information (except medical information) in its files on the consumer at the time of the request, and the sources of the information.

The requirements respecting the disclosure of sources of information and the recipients of consumer reports furnished prior to July 1, 1975, do not apply to existing consumer reporting agencies except to the extent that the matter involved is contained in the files of the consumer reporting agency on that date.

If the completeness or accuracy of any item of information contained in this file is disputed by a consumer and the dispute is directly conveyed to the consumer reporting agency by the consumer, the consumer reporting agency shall within a reasonable period of time reinvestigate and record the current status of that information unless it has reasonable grounds to believe that the dispute by the consumer is frivolous or irrelevant. If after such reinvestigation such information is found to be inaccurate or can no longer be verified, the consumer reporting agency shall promptly delete the information and notify all users, of whom the consumer reporting agency has records, of the information's deletion. The users shall also delete the information. If the reinvestigation does not resolve the dispute, the consumer may file a brief statement setting forth the nature of the dispute. Whenever a statement of a dispute is filed, unless there are reasonable grounds to believe that it is frivolous or irrelevant, the consumer reporting agency shall, in any subsequent consumer report containing the information in question, clearly note that it is disputed by the consumer and provide either the consumer's statement or a clear and accurate codification or summary thereof. The consumer reporting agency shall notify the consumer of all users, of whom it has records, who have the disputed information.

Montana Consumers Have the Right to Obtain a Security Freeze

You may obtain a security freeze on your credit report to protect your privacy and ensure that credit is not granted in your name without your knowledge. You have a right to place a security freeze on your credit report pursuant to Montana law.

The security freeze will prohibit a consumer reporting agency from releasing any information in your credit report without your express authorization or approval.

The security freeze is designed to prevent credit, loans, and services from being approved in your name without your consent. When you place a security freeze on your credit report, within 5 business days you will be provided a personal identification number, password, or other device to use if you choose to remove the security freeze on your credit report or to temporarily authorize the release of your credit report for a specific party, parties, or period of time after the security freeze is in place. To provide that authorization, you shall contact the consumer reporting agency and provide all of the following:

  1. the unique personal identification number, password, or other device provided by the consumer reporting agency;
  2. the proper identification to verify your identity;
  3. the proper information regarding the third party or parties who are to receive the credit report or the period of time for which the credit report is to be available to users of the credit report; and
  4. a fee, if applicable.

A consumer reporting agency that receives a request from a consumer to temporarily lift a security freeze on a credit report shall comply no later than 3 business days after receiving the request or, after January 31, 2009, within 15 minutes of receiving a request by telephone or through a secure electronic connection.

A security freeze does not apply to circumstances in which you have an existing account relationship and a copy of your credit report is requested by your existing creditor or its agents or affiliates for certain types of account review, collection, fraud control, or similar activities.

You have a right to bring a civil action against someone who violates your rights under the credit reporting laws. The action may be brought against a consumer reporting agency or a user of your credit report.

Court Cases:

KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

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