Requesting Confidential Criminal Justice Information

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INFORMATION REGARDING ON-GOING INVESTIGATIONS AND PENDING CASES IS CONFIDENTIAL BY LAW. Release of Confidential Criminal Justice Information without court order is limited to: (1) victims, (2) defendants in active criminal matters, and (3) those authorized by law to receive it such as law enforcement agencies.

If you do not qualify for the above three categories yet you believe you are authorized by law to receive  confidential criminal justice information, you must submit your request through the County NextRequest portal (here).

  • If you are a victim in a pending criminal case, please contact the Missoula County prosecutor assigned to the case to make a request and arrangements to view the investigative information and materials. Per MCA 44-5-303(2) victims may receive copies of investigative materials at the discretion of the prosecutor.  Make your request at Missoula County Attorney's Office phone 406-258-4737 or email countyattorney@missoulacounty.us.  
  • If you are a criminal defendant in District Court or Justice Court, please contact your attorney of record to obtain investigative information and materials.  If you do not have legal counsel of record, please make your request through JusticeWeb (here).
  • If you are a law enforcement agency, please contact this office with your request via countyattorney@missoulacounty.us.  
  • If you are a criminal defendant in City Court, please contact the Missoula City Attorney’s office at 406-552-6020 or their website (here).

All other requestors:

  • If you are a litigant in a pending civil case, you or your attorney need to obtain a written order from the judge in that case prior to our office providing confidential criminal justice information.  Litigants who are granted a written court order for release of confidential criminal justice information please make your request through the Missoula County NextRequest portal (here).  A copy of the written court order must be uploaded to the NextRequest portal.   
  • Persons other than one charged with a criminal or traffic offense are not entitled to receive confidential criminal investigative information and materials without either specific statutory authority or a district court order or subpoena requiring dissemination.  
  • Fees associated with gathering and duplicating materials for all civil litigants and third parties shall be paid prior to the release of materials.

 

As reflected in the MCA 44-5-103, Confidential Criminal Justice Information means:

     (a) criminal investigative information;
     (b) criminal intelligence information;
     (c) fingerprints and photographs;
     (d) criminal justice information or records made confidential by law; and
     (e) any other criminal justice information not clearly defined as public criminal justice information.
     (4) (a) "Criminal history record information" means information about individuals collected by criminal justice agencies consisting of identifiable descriptions and notations of arrests; detentions; the filing of complaints, indictments, or informations and dispositions arising from complaints, indictments, or informations; sentences; correctional status; and release. It includes identification information, such as fingerprint records or photographs, unless the information is obtained for purposes other than the administration of criminal justice.
     (b) Criminal history record information does not include:
     (i) records of traffic offenses maintained by the department of justice; or
     (ii) court records.

 

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