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Preemployment Screening and Testing: Montana

Preemployment Screening and Testing requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Jason Ritchie, Holland & Hart LLP.


  • Employers may not make preemployment inquiries about arrests, but may make inquiries about criminal convictions. See Arrest and Conviction Records.
  • Job applicants for certain positions must undergo a criminal background check as a condition of employment. See Mandatory Background Checks.
  • Under state law, administrative penalties and payment of other civil relief may be imposed on employers who fail to comply with state law regarding the lawful hiring of employees. See Immigration Verification.
  • Montana has a law governing drug testing of which employers must be aware. See Drug and Alcohol Testing.
  • Polygraph testing cannot be required as a condition of employment in Montana. See Polygraph Tests.
  • Employers may obtain personal information from applicants, such as Social Security numbers and driver's licenses, but employers must treat this information confidentially. See Driving Records.