InvestigationU

State Resources

Montana

Montana wrote a right to know into its constitution, which makes it one of the strongest records states in the country on paper. The courts are county by county, and in a state this size the clerk of court is your friend.

At a glance

RecordHeld byCostOnline
Business and entity search Secretary of State Free to search Yes
UCC filings Secretary of State — UCC Fee for official searches Yes
Property and land records Department of Revenue (assessment); county clerk and recorder (documents) Free Yes
Court records Clerks of district court, by county Varies by county By county
Criminal records Department of Justice, Criminal Records Fee By request
Vital records DPHHS, Office of Vital Records Certified copies carry a fee Yes
Unclaimed property Department of Revenue Free Yes
Voter and resident records Secretary of State — My Voter Page Free Yes

Worth knowing about Montana

The right to know is in the constitution

Montana is one of very few states where public access to government documents is a constitutional right rather than just a statute. Article II, Section 9 says no person shall be deprived of the right to examine documents of any public body.

That matters in practice. An exemption has to be justified against a constitutional right rather than merely found in a list, and Montana courts apply a balancing test weighing individual privacy against the public right to know. The default leans open.

The weakness is that there’s no numeric deadline. Cite the article and section by name in a written request — it isn’t boilerplate here, and records officers know it.

Assessment is done by the state, not the counties

An unusual Montana arrangement worth knowing: property assessment is handled by the state Department of Revenue rather than county assessors.

The practical benefit is that Montana publishes a statewide property record lookup. You can confirm a parcel and its owner across county lines in one place, which isn’t something most states allow.

Recorded documents — deeds, mortgages, liens — are still with the county clerk and recorder, county by county. State for the assessment, county for the document.

Record by record

Business and entity search

Open business search →
Held by
Secretary of State
Cost
Free to search

Free entity search returning status, formation date, registered agent and principals, with filed documents viewable.

An annual report is required, so an entity in good standing has been refreshed within the year.

Held by
Secretary of State — UCC
Cost
Fee for official searches

UCC financing statements filed centrally. A UCC-1 names the debtor, the secured party and the collateral.

Montana filings are heavily agricultural. Note also that livestock brands are separately recorded with the Department of Livestock — a Montana asset record most people never think to check, and brands are valuable and traceable.

Watch out: Livestock brands are recorded separately from UCC filings and are real assets.

Property and land records

Open property lookup →
Held by
Department of Revenue (assessment); county clerk and recorder (documents)
Cost
Free

Montana publishes a statewide property record lookup because assessment is a state function — see above. Confirm a parcel and owner across county lines in one search.

Deeds, mortgages and liens are still recorded county by county with the clerk and recorder.

Watch out: The statewide lookup gives you assessment, not the recorded document. For the deed itself, go to the county.

Court records

Open Montana Courts →
Held by
Clerks of district court, by county
Cost
Varies by county

No free statewide case search. District courts are grouped into judicial districts, several covering more than one county, and each clerk holds its own records.

Yellowstone, Missoula, Gallatin, Flathead and Cascade hold most of the population. Supreme Court opinions and dockets are published free.

Watch out: Justice courts and city courts handle misdemeanors, small claims and evictions separately. A district court search misses them.

Criminal records

Open Montana DOJ →
Held by
Department of Justice, Criminal Records
Cost
Fee

Criminal history checks run through the Department of Justice. The public version returns conviction data.

Montana publishes a free sexual and violent offender registry.

Vital records

Open DPHHS →
Held by
DPHHS, Office of Vital Records
Cost
Certified copies carry a fee

Births and deaths from the state office. Montana restricts certified copies to people with a direct interest.

Unclaimed property

Open unclaimed property →
Held by
Department of Revenue
Cost
Free

Free name search. The holder named on a reported item is a confirmed bank, insurer or employer relationship with a last known address.

Voter and resident records

Open My Voter Page →
Held by
Secretary of State — My Voter Page
Cost
Free

Individual registration lookup confirming status and county.

Public records requests in Montana

Statute
Mont. Const. art. II, § 9; Mont. Code §§ 2-6-1001 et seq.
Response deadline
No fixed deadline
Appeal to
District court
Appeal window
No fixed deadline

Public access is a constitutional right in Montana. Exemptions are balanced against it rather than applied automatically, and the balancing favors disclosure unless a genuine privacy interest clearly outweighs it.

There’s no numeric deadline and no ombudsman. The remedy is district court, and a prevailing requester may recover costs and attorney fees.

No residency requirement and no purpose requirement. Cite article II, section 9 by name — it carries weight here.

What Montana will not give you

  • Individual privacy interests. Montana balances privacy against the right to know case by case, so some personal data is withheld from otherwise public records.
  • Driver and vehicle records. Closed under the federal Driver’s Privacy Protection Act.
  • Youth court records. Not public.
  • A statewide case search. Does not exist.

Course

The Ultimate FOIA and Public Records Course

Every state page here tells you what the law says. The course shows you how to write the request, what to do when it comes back gutted, and how to appeal without a lawyer — the part that decides whether you actually get the records.

See the FOIA course

Related

Fees and procedures verified August 2026. Clerks change their counter rules more often than the statutes change — call before you drive.