6. Compilations of criminal histories.

The rules for disseminating criminal history information are generally determined by whether the information is “public” or “confidential.” Criminal history information that falls in the category of “public criminal justice information” must be released to the public. Mont. Code Ann.  § 44-5-302.

Criminal history information that is not “public criminal justice information” can be released if:

1)  the release is consented to by the person the information is about. Mont. Code Ann.  § 44-5-302 (1)(a).

2)  the district court determines that the release is necessary.

3)  the dissemination is for statistical use, as provided for in Mont. Code Ann.  § 44-5-304.

If a person’s conviction record reflects only misdemeanors and deferred prosecutions and the record contains no convictions for the past years, except traffic and fish and game or regulatory convictions, then the conviction record may be closed to the public. 42 Mont. A.G. Op. 119 (1988). The information remains available from the originating criminal justice agency. 40 Mont. A.G. Op. 35 (1984).