All resourcesState guide · MT
Montana background check laws
A practitioner-grade reference to Montana pre-employment background screening: lookback caps, ban-the-box scope, salary-history limits, cannabis testing rules, and the statutes the SafestHires compliance team applies on every order routed to MT.
The four levers at a glance
| Lookback period | 7 years (FCRA default) |
| Ban-the-Box scope | Public sector |
| Salary history | No restriction |
| Cannabis testing | Recreational legal (2021); off-duty protections |
Lookback period
Montana applies FCRA; the state has a wrongful-discharge statute that affects discipline based on prior records.
Ban-the-Box and Fair Chance rules
State-agency hiring removed the conviction question; no statewide private rule.
Salary history
No statewide salary-history ban.
Cannabis & drug testing
I-190 and HB 701 protect off-duty use for non-safety-sensitive roles. Employers retain rights for federal-mandate positions.
Governing statutes & references
- MCA §39-2-313 (off-duty conduct)
- HB 701 (2021)
SafestHires compliance note
Wrongful-discharge protections under MCA §39-2-901 apply to discipline based on stale records.