Montana Code 44-5-214. Inspection or transfer of criminal history records
44-5-214. Inspection or transfer of criminal history records. (1) An individual or the individual’s agent may inspect any criminal history record information maintained about the individual or transfer copies of that information to any other person upon the presentation of satisfactory identification to the criminal justice agency maintaining the criminal history record information. Fingerprints may be required for identification. An agent must also submit a notarized authorization from the agent’s principal or an authorization order from a district court.
Terms Used In Montana Code 44-5-214
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Criminal history record information: means information about individuals collected by criminal justice agencies consisting of identifiable descriptions and notations of arrests; detentions; the filing of complaints, indictments, or informations and dispositions arising from complaints, indictments, or informations; sentences; correctional status; and release. See Montana Code 44-5-103
- Criminal justice agency: means :
(a)any court with criminal jurisdiction;
(b)any federal, state, or local government agency designated by statute or by a governor's executive order to perform as its principal function the administration of criminal justice, including a governmental fire agency organized under Title 7, chapter 33, or a fire marshal who conducts criminal investigations of fires;
(c)any local government agency not included under subsection (7)(b) that performs as its principal function the administration of criminal justice pursuant to an ordinance or local executive order; or
(d)any agency of a foreign nation that has been designated by that nation's law or chief executive officer to perform as its principal function the administration of criminal justice and that has been approved for the receipt of criminal justice information by the Montana attorney general, who may consult with the United States department of justice. See Montana Code 44-5-103
- Fingerprints: means the recorded friction ridge skin of the fingers, palms, or soles of the feet. See Montana Code 44-5-103
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- State repository: means the recordkeeping systems maintained by the department of justice pursuant to 44-2-201 in which criminal history record information is collected, processed, preserved, and disseminated. See Montana Code 44-5-103
(2)If an individual’s criminal history record information is maintained in the state repository, copies of the records shall be transferred to the local agency for inspection upon proper request of the individual or the individual’s agent. A local agency shall honor a verified affidavit accompanying a request by an individual for a transfer of copies of criminal history record information concerning that individual to a criminal justice agency of another state for the purpose of complying with this chapter.
(3)(a) An individual may request inspection or transfer of copies, or both, of criminal history record information only during normal working hours.
(b)Copies of records may be made by or at the request of a properly identified individual or the individual’s authorized agent. If a machine for making copies is not reasonably available, the individual or the individual’s agent may make handwritten copies. A charge may be made by the agency for the cost of supplying the copies. Each copy must be clearly marked to indicate that it is for inspection only.
(c)An agency employee should be available to answer questions concerning record content. A record of each request to inspect records under this section must be maintained.