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Understanding the Criminal Record Implications of a Montana DUI
In Montana, being arrested and convicted for driving under the influence (DUI) carries both immediate and long-lasting consequences. One of the most important questions people often ask is whether a DUI becomes part of their criminal record. The answer is yes — in most cases, a DUI conviction in Montana is recorded permanently and is treated as a criminal offense, not just a traffic violation.
This matters because criminal records are used in a wide range of decisions, from employment screening to housing applications to licensing reviews. A DUI on your criminal record in Montana doesn’t just affect your present — it can have an ongoing influence on your future.
Montana law categorizes DUI as a misdemeanor or felony, depending on how many prior offenses exist and the specific circumstances of the case. Even first-time offenses are treated as criminal violations and are reported accordingly. These records are not easily sealed or removed, and they are visible to law enforcement, government agencies, and in many cases, employers.
This post offers a clear and detailed explanation of how a DUI becomes part of your criminal record in Montana, how long it stays there, and what that means for everyday life. No legal advice, no fear — just factual, state-specific information.
How Montana Classifies DUI Offenses
Montana considers DUI offenses to be criminal violations, not administrative infractions. This classification begins with the first DUI offense, which is typically a misdemeanor but is still included in a person’s permanent criminal record. The severity of the classification increases with each additional offense:
- First and second DUI offenses: Usually classified as misdemeanors
- Third or subsequent offenses: May result in felony charges, depending on prior convictions and timing
- Aggravating circumstances: Involving injury, minors in the vehicle, or excessively high blood alcohol content (BAC) may lead to enhanced charges
Regardless of classification, all DUI convictions in Montana result in a criminal record entry. This means they are processed and stored in the state’s central criminal history database, maintained by the Montana Department of Justice. These records are then available for review by law enforcement and certain public or private entities that are authorized to access them.
Even if a court imposes minimal penalties or the offense is considered non-felony, the presence of the conviction on a criminal record remains the same. There is no automatic downgrade or time-based removal of the record.
Who Can See a DUI on Your Criminal Record in Montana?
Montana’s criminal records system is accessible by a wide range of individuals and organizations, depending on the nature of the request. A DUI on a criminal record may be visible to:
- Law enforcement and courts during future legal proceedings
- State agencies and licensing boards
- Employers, especially in jobs involving driving, safety, or public trust
- Schools and educational institutions
- Landlords, depending on background screening policies
In Montana, individuals and organizations can request background checks through the Criminal History Online Public Record Search (CHOPRS) system. While some personal data is restricted, conviction records — including DUI offenses — are typically public information and not limited to internal government use.
This means that a DUI could appear on both official background checks and consumer reporting databases used by employers or landlords, often with no expiration date or visibility limit.
Does a DUI Ever Get Removed from a Montana Criminal Record?
Montana does not allow for the expungement or sealing of DUI convictions through standard procedures. While some misdemeanors in the state may qualify for record sealing under limited circumstances, DUI offenses are excluded from those options due to their classification as public safety violations.
As a result, a DUI conviction remains visible on your criminal record indefinitely. There is no automatic “clearing” of the record after a certain number of years, and no statutory mechanism that allows a person to remove or suppress the information from view.
The only possible exception involves a gubernatorial pardon, which is rarely granted and does not guarantee full removal of the record. Even in those cases, the record typically still shows the conviction, but notes the pardon — meaning it does not disappear from public view.
This makes Montana one of the states with permanent visibility of DUI offenses, even for first-time convictions.
Differences Between a Criminal Record and a Driving Record
It’s important to distinguish between a criminal record and a driving record in Montana. While both may contain information about a DUI, they are maintained by different authorities and serve different purposes:
- Criminal record: Managed by the Montana Department of Justice; includes arrests, charges, and convictions; used in legal, employment, and licensing decisions
- Driving record: Managed by the Montana Motor Vehicle Division (MVD); focuses on traffic violations, license status, and points; used by insurers and employers in driving-related industries
A DUI shows up on both records, but for different reasons. The criminal record holds the legal conviction, while the driving record tracks the administrative consequences, such as license suspension and points.
Both records may be visible for many years, and each can impact a person’s life in different ways.
Employment and Licensing Impacts of a Montana DUI Record
Because DUI convictions remain on a person’s criminal record permanently in Montana, they can influence employment and licensing outcomes in various ways.
Many employers conduct criminal background checks as part of their hiring process. A DUI on record may not automatically disqualify someone, but it can lead to additional scrutiny, especially for jobs that involve:
- Operating vehicles or machinery
- Handling sensitive information
- Working with vulnerable populations (children, elderly, etc.)
- Holding positions of trust or authority
Montana also requires background checks for certain professional licenses, such as those in health care, education, and law enforcement. A DUI conviction may trigger a review or require explanation, even if the offense occurred many years ago.
Each agency or employer sets its own criteria, but the presence of a DUI on a criminal record is often considered during application review.
Background Checks and the Visibility of DUI Convictions
DUI convictions in Montana are permanently part of a person’s criminal record, and that record is frequently included in background checks conducted by employers, landlords, and government agencies.
There are three common types of background checks:
- State-level checks: Pull from the Montana Department of Justice
- Federal checks: Include records from national databases like the FBI
- Commercial checks: Used by private companies for employment or housing screenings
In most cases, DUI offenses will appear in all three types. Montana law does not mandate a “sunset” period after which convictions disappear from public view. As a result, even decades-old DUI convictions can still be visible and relevant in certain screening processes.
It is also important to note that background checks may show not just convictions, but also arrests and charges, depending on how the data is reported.
Frequently Asked Questions About Montana DUI Criminal Records
Is a DUI a misdemeanor or felony in Montana?
A first or second DUI is usually a misdemeanor. A third or subsequent DUI, or one involving aggravating factors, may be charged as a felony.
Will a DUI in Montana show up on a job background check?
Yes. DUI convictions are part of your permanent criminal record in Montana and may be visible to employers conducting background checks.
Can I have a DUI sealed or expunged in Montana?
No. Montana does not allow DUI convictions to be sealed or expunged under current law.
How long does a DUI stay on my record in Montana?
Permanently. DUI convictions are not automatically removed and remain on your criminal record indefinitely.
Can a DUI in Montana affect my professional license?
Yes. Licensing boards may consider a DUI during the application or renewal process, especially for roles in regulated or safety-sensitive industries.
Conclusion
In Montana, a DUI is not just a traffic ticket — it is a criminal offense that becomes part of your permanent record. Whether it’s a misdemeanor or felony, the conviction is entered into the state’s criminal database and is typically visible for life. This can affect employment, licensing, insurance, and future legal situations.
To better understand the long-term effects of DUI charges, visit our detailed guide on DUI records and long-term impact.
For more details on how long a conviction stays visible, see our dedicated article on how long a DUI stays on your record.