Crime Victim Rights in Montana: Requesting Information

1. Information available to the public is called public Criminal Justice Information (CJI).
2. Information that is not available to the public is called Confidential Criminal justice Information (CCJI).

The process for asking for criminal information depends on what kind of information you request.

Public CJI are records the public can request from a government office. Most offices have a set procedure in place that you can find out on their website or contacting by their office. You may also get Public Criminal Justice Information through a public access computer at the courthouse.

You may ask for the following records from:

Police or Sheriff’s office

• Initial offense reports
• Arrest records;
• Jail rosters; and

Courts (Clerk of Court’s office)

• Court records & proceedings;
• Convictions and sentences;
• Deferred prosecutions; and

Montana Department of Corrections

• Post-conviction proceedings (probation and parole) and offender status.

CCJI are records only “those authorized by law” can access. This generally means law enforcement workers sharing information with each other, including the prosecutor’s office and the court. Who is authorized by law may change depending on if the investigation is still happening or if the criminal case is still in process. The decision to release this information is made by a prosecutor, county attorney, or by a judge through a court order.

Examples of CCJI are:

• Evidence in a criminal investigation, like witness statements and interviews (written or audio recordings);
• Investigation reports and law enforcement narratives;
• Fingerprints and photographs; and
• Other records that are protected by law or not clearly public information.

Public CJI is available at any time. A lot of people request a copy of an incident report after they report a crime.

The status of the investigation or legal case is an important factor for when you can request CCJI.

“Ongoing Status” means that the investigation or legal case is still happening. The prosecutor or judge must weigh a request for records against the need to keep some information confidential during the investigation and criminal proceedings. For example, law enforcement might not want someone to know they are a suspect or a prosecutor might not want someone to change their testimony based on what someone else had told law enforcement.

“Completed Status” means that the investigation or legal case is closed. There are less privacy concerns related to completed matters. Victims will likely get access to CCJI after a case is completed, but they must keep this information to themselves.

There are two ways to make a request for CCJI. The first way is an informal request, through a letter or email to the prosecutor for the case. Some prosecutors have a form to request this information. Others do not. The prosecutor may decline the request without giving you any reason. The second way is a formal request, by filing a petition with the court. This brings the request to the attention of a judge who will decide. The judge may still decline your request but they will most likely give you reason in a written order.

It is a good idea to talk to a lawyer before filing a formal request for criminal records.

Victims involved in a charged criminal legal case are entitled to one free copy of all criminal court documents at no charge.

A “reasonable charge” may be required for a copy of public criminal justice information.

If you file a petition to release information, the court will charge a filing fee. You can ask the court to waive that fee by filing a “fee waiver form.” You’ll need to file the fee waiver before you may file your petition. The judge will decide whether to let you file your petition without paying the fee.

If you were involved in a crime, there may be criminal records about you. This is true if you were a witness, victim, or suspect. If you are concerned about your privacy, it’s a good idea to talk to a lawyer about keeping this information private. Montana Legal Services Association helps eligible crime victims with protecting their privacy, safety, and other rights.

If you need more assistance, you can apply for services with Montana Legal Services Association (MLSA).You can apply to MLSA via online or telephone at: MontanaLawHelp.org or 800-666-6899.

If you qualify for assistance through MLSA -you may receive services such as advice appointments, written information regarding your legal help, or volunteer attorney assistance. Everything you tell MLSA is kept private and confidential.