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Background check errors · 1 federal district

Background Check Error Lawsuits in Montana

Montana's consumer reporting law covers background checks as well as credit reports. On its face, it bars consumer reports from including records of arrest, indictment or conviction more than seven years old, measured from disposition, release or parole. The federal FCRA has no seven-year limit on convictions. Whether Montana's broader rule applies to a given report can depend on federal preemption and the facts.

Montana also regulates public records in job screening. Under Mont. Code Ann. § 31-3-126, a screening company that reports criminal records, lawsuits, tax liens or judgments for employment must do one of two things. It can notify you at the time it reports the record, or it can keep strict procedures so the record is complete and up to date. A record counts as current only if the report shows its present public status. The federal FCRA has a similar rule.

Montana has little else. The National Employment Law Project does not list a statewide ban-the-box law, and there is no state tenant screening statute. Montana allows a person to petition once in a lifetime to expunge misdemeanor records. After a court grants that petition, agencies must seal or remove the records, and a background check that still reports them may be inaccurate. Felony records generally cannot be expunged this way.

Where Montana FCRA cases are filed

FCRA claims are federal, so they go to a United States District Court. Cases from Montana are heard in one federal district:

  • District of MontanaCourthouses: Billings, Butte, Great Falls, Helena, Missoula.Filed with local or cooperating counsel

Our attorneys are licensed in Texas, California, and Georgia. Where they aren't admitted in your local federal court, we work with local or cooperating counsel who are. You may also be able to sue where the company that reported you is based, in a court where our attorneys are admitted:

Which court is right depends on your facts. We'll tell you at your free case review.

Montana laws that add to the FCRA

  • Seven-year limit on criminal records (Mont. Code Ann. § 31-3-112)
    Bars consumer reports from including records of arrest, indictment or conviction more than seven years old, measured from the date of disposition, release or parole. Read it
  • Public record information for employment purposes (Mont. Code Ann. § 31-3-126)
    A screening company reporting adverse public records for employment must either notify the consumer at the time or keep strict procedures so the records are complete and up to date. Read it
  • Montana misdemeanor expungement (Mont. Code Ann. §§ 46-18-1101 to 46-18-1111)
    Lets a person petition once in a lifetime to expunge misdemeanor records. If granted, law enforcement, prosecutors, court clerks and the Department of Justice must seal or expunge the covered records. Read it

Common background check errors

  • Someone else's criminal or eviction record matched to you by name
  • Dismissed, sealed or expunged cases still reported
  • Charges reported as convictions, or misdemeanors as felonies
  • The same case listed several times
  • Eviction filings reported without the dismissal or outcome

Learn how these cases work on our background check lawsuits page, or read our lawsuit guides for Checkr, Sterling, HireRight, First Advantage, RealPage, SafeRent, RentGrow and TransUnion Rental Screening.

Frequently asked questions

Can a background check in Montana report a conviction older than seven years?

Montana's statute says consumer reports may not include conviction records more than seven years old, measured from disposition, release or parole. Federal law does not have that limit for convictions, and how the two interact can depend on the facts. If an old conviction cost you a job or apartment, it may be worth having the report reviewed.

Does Montana have a ban-the-box law?

The National Employment Law Project does not list a statewide Montana ban-the-box law. Montana employers may generally ask about criminal history. Any background check they order from a screening company is still covered by the FCRA.

Can I expunge a misdemeanor in Montana?

Yes. Montana's misdemeanor expungement law lets a person petition one time in their life to expunge misdemeanor records. Once granted, the records must be sealed or removed. A background check company that keeps reporting them may be violating the FCRA.

How long do I have to file an FCRA lawsuit in Montana?

FCRA deadlines are the same everywhere: generally two years from when you discover the violation, and no more than five years from when it happened (15 U.S.C. § 1681p). Waiting can cost you the claim.

Sources

Updated November 2026. This page is general information, not legal advice.

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