Montana

Montana

Final grade: D

Exclusion Grade

C-

Relevance Grade

D+

Due Process Grade

F

Strengths

  • Boards must consider evidence of rehabilitation.

Areas of Improvement

  • Require boards to use a directly related standard for all crimes.
  • Strengthen safeguards for due process by requiring a petition process and placing the burden of proof on the state.

With few protections for ex-offenders, Montana earned a D as its final grade.

Statute: Mont. Code Ann. §§ 37-1-201 to 205 (2009)

Exclusion
Overarching ban on blanket bans Yes
Ban on considering arrest records No
Ban on considering post-conviction relief records No
Time limit No limit
Ban on vague, discretionary character standards No
Relevance
Relationship between the crime and the license sought "Relates to"
Required factors for consideration
Rehabilitation Yes
Time elapsed since crime was committed No
Age when crime was committed No
Employment History No
Testimonials No
Due Process
Petition Process No
Burden of Proof Both unspecified
Right to appeal No
Written notice requirement Yes