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Lewis and Clark County Public Records

What Are Public Records in Lewis and Clark County?

Public records in Lewis and Clark County are defined under Montana Code Annotated § 2-6-1002 as any document, paper, letter, book, map, photograph, film, recording, or other material, regardless of physical form or characteristics, made or received by a government agency in connection with the transaction of official business. Members of the public may inspect a broad range of records maintained by county offices, courts, and state agencies operating within Lewis and Clark County.

The following categories of public records are currently available through various county and state offices:

  • Court records — Civil, criminal, probate, and family court case files are maintained by the Lewis and Clark County District Court and the Justice Court. Certain case records are accessible through the Montana Public Access Portal.
  • Property records — Deeds, mortgages, liens, and recorded instruments dating back to January 1, 1865, are maintained by the Lewis and Clark County Clerk and Recorder's Office. Members of the public may conduct a recorded document search through the county's online portal.
  • Vital records — Birth, death, marriage, and divorce certificates are administered by the Montana Department of Public Health and Human Services, Vital Records Office.
  • Business records — Business licenses, permits, and fictitious business name registrations are maintained by the Montana Secretary of State. The Records and Information Management division of the Secretary of State oversees public documents generated by state and local governments.
  • Tax records — Property tax and assessment records are maintained by the Lewis and Clark County Treasurer's Office and the Montana Department of Revenue.
  • Voting and election records — Voter registration data and election results are maintained by the Lewis and Clark County Election Office.
  • Meeting minutes and agendas — County Commission meeting minutes, agendas, and board records are maintained by the County Clerk and Recorder's Office.
  • Budget and financial documents — Annual budgets, audits, and financial reports are available through the Lewis and Clark County Finance Office.
  • Law enforcement records — Arrest logs and incident reports, where permitted by law, are maintained by the Lewis and Clark County Sheriff's Office.
  • Land use and zoning records — Zoning maps, permits, and land use applications are maintained by the Lewis and Clark County Planning Department.

Is Lewis and Clark County an Open Records County?

Lewis and Clark County fully operates under Montana's open records framework, which establishes a strong presumption in favor of public access to government documents. Under Montana Code Annotated § 2-6-1003, all public records are presumed to be open and subject to inspection by any person unless a specific statutory exemption applies. The law further provides that any denial of access must be justified in writing by the agency withholding the record.

Montana's open records statutes are commonly referred to as the Montana Public Records Act, and Lewis and Clark County agencies are required to comply with all provisions of this law. Key provisions include the right of any person to inspect public records during regular business hours, the requirement that agencies respond to requests in a timely manner, and the obligation to provide written justification for any denial. Montana's open meetings laws, codified under Title 2, Chapter 3 of the Montana Code Annotated, complement the public records framework by ensuring transparency in governmental deliberations. At present, Lewis and Clark County does not maintain a separate county-specific public records ordinance that supersedes state law; all access rights and procedures are governed by the Montana Public Records Act.

How to Find Public Records in Lewis and Clark County in 2026

Members of the public may access Lewis and Clark County public records through several channels, depending on the record type sought. The following steps outline the standard process for submitting a public records request:

  1. Identify the custodial office. Determine which county or state agency maintains the record being sought. Property records are held by the Clerk and Recorder's Office; court records by the District Court Clerk; vital records by the Montana Department of Public Health and Human Services; and business records by the Montana Secretary of State.
  2. Search online portals first. Many records are available without a formal request. Members of the public may search recorded documents through the county's online document search portal or access court records through the Montana Courts Public Access Portal.
  3. Submit a written request. For records not available online, submit a written public records request directly to the custodial office. Requests should identify the record with sufficient specificity to allow the agency to locate it.
  4. Submit in person, by mail, or by email. Most Lewis and Clark County offices accept requests in person at their public counters, by U.S. mail, or by email. Telephone requests may be accommodated for straightforward inquiries.
  5. Await agency response. Under current law, agencies are expected to respond promptly. If a request requires additional time to fulfill, the agency must notify the requester.
  6. Pay applicable fees. Upon notification that records are available, the requester must pay any applicable copying or certification fees before receiving copies.

How Much Does It Cost to Get Public Records in Lewis and Clark County?

Current fees for public records in Lewis and Clark County vary by record type and the office maintaining the record. Standard fees applicable to most county offices are as follows:

  • Paper copies: Typically $0.10 to $0.25 per page for standard black-and-white copies, depending on the office.
  • Certified copies: Certified copies of recorded documents, such as deeds or liens, generally carry a fee of $2.00 per page or a flat certification fee, as set by the Clerk and Recorder's Office.
  • Vital records: Certified copies of birth and death certificates are subject to fees established by the Montana Department of Public Health and Human Services.
  • Court records: Fees for copies of court documents are set by the Montana Supreme Court and applied uniformly across district courts.
  • Electronic records: Some offices provide electronic copies at reduced or no cost when records are already available in digital format.

Accepted payment methods vary by office but generally include cash, check, and money order. Some offices accept credit or debit card payments. Under Montana Code Annotated § 2-6-1006, fees charged for public records may not exceed the actual cost of retrieving and copying the records. Fee waiver provisions may apply when the requester demonstrates that disclosure is in the public interest and that the requester lacks the financial means to pay.

Does Lewis and Clark County Have Free Public Records?

Free inspection of public records is available to members of the public at the offices of the custodial agencies during regular business hours, consistent with the requirements of the Montana Public Records Act. No fee may be charged solely for the act of inspecting a record in person; fees apply only when copies are requested.

The following free resources are currently available:

  • Online document search: The Lewis and Clark County Clerk and Recorder's Office provides free online access to recorded documents through its public search portal, covering instruments recorded since January 1, 1865.
  • Montana Courts Public Access Portal: Court case information for district courts and courts of limited jurisdiction is available at no cost through the Montana Courts online portal.
  • Montana Secretary of State: Business entity records and state-level public documents are searchable at no cost through the Secretary of State's records management system.
  • In-person inspection: Members of the public may inspect records at any custodial office without charge during posted public counter hours.

Who Can Request Public Records in Lewis and Clark County?

Any person may request public records in Lewis and Clark County, regardless of residency, citizenship, or stated purpose. Under the Montana Public Records Act, requesters are not required to be Montana residents, to provide identification, or to explain the reason for their request as a condition of access to non-restricted records.

Specific eligibility considerations include the following:

  • Residency: Non-residents of Montana retain the same right of access to public records as residents of the state.
  • Identification: Agencies may not require requesters to provide identification as a precondition to inspecting general public records. Identification may be required for records involving the requester's own personal information or for records subject to restricted access.
  • Purpose: Requesters are generally not required to state the purpose of their request. However, for certain sensitive record categories, the agency may inquire about purpose to determine whether an exemption applies.
  • Requesting your own records: Individuals seeking records pertaining to themselves, such as their own criminal history or personnel file, may be required to provide proof of identity and may have access to information not available to the general public.
  • Restrictions for specific record types: Certain records, including juvenile court records, sealed case files, and adoption records, are restricted by statute and may only be accessed by authorized parties.

What Records Are Confidential in Lewis and Clark County?

Not all government records in Lewis and Clark County are open to public inspection. Montana law identifies specific categories of records that are exempt from disclosure. The following records are currently classified as confidential or restricted under applicable state and federal law:

  • Sealed court records: Records sealed by court order are not accessible to the general public.
  • Juvenile records: Records pertaining to juvenile proceedings are confidential under Montana law.
  • Ongoing investigation records: Law enforcement records related to active criminal investigations may be withheld to protect the integrity of the investigation.
  • Personal identifying information: Social Security numbers, financial account data, and similar personally identifiable information are protected from disclosure.
  • Medical records: Records protected under the federal Health Insurance Portability and Accountability Act (HIPAA) are exempt from public disclosure.
  • Adoption records: Adoption case files are sealed and accessible only to authorized parties under specific statutory conditions.
  • Child welfare and protective services records: Records maintained by child protective services agencies are confidential under state and federal law.
  • Personnel records: Government employee personnel files are partially exempt, with certain information, such as base salary and job title, remaining public.
  • Trade secrets and proprietary business information: Confidential commercial or financial information submitted to a government agency may be exempt from disclosure.
  • Security plans and infrastructure details: Records relating to the security of public facilities or critical infrastructure may be withheld in the interest of public safety.

Montana Code Annotated § 2-6-1004 sets forth the statutory exemptions applicable to public records and establishes a balancing test under which agencies must weigh the public interest in disclosure against the interest in confidentiality before withholding a record.

Lewis and Clark County Recorder's Office: Contact Information and Hours

The Lewis and Clark County Clerk and Recorder's Office serves as the primary custodian of property records, recorded instruments, and related county documents. Members of the public may visit the public counter during regular business hours to inspect records or submit requests in person.

Lewis and Clark County Clerk and Recorder's Office 316 N Park Ave, Room 113, Helena, MT 59623 Phone: (406) 447-8337 Lewis and Clark County Clerk and Recorder Public Counter Hours: Monday through Friday, 8:00 a.m. to 5:00 p.m. (excluding state and federal holidays)

Lewis and Clark County District Court Clerk 228 Broadway St, Helena, MT 59601 Phone: (406) 447-8216 Lewis and Clark County District Court Public Counter Hours: Monday through Friday, 8:00 a.m. to 5:00 p.m.

Montana Department of Public Health and Human Services — Vital Records 111 N Sanders St, Helena, MT 59601 Phone: (406) 444-2685 Montana Vital Records Public Counter Hours: Monday through Friday, 8:00 a.m. to 5:00 p.m.

Montana Secretary of State — Business Services Montana State Capitol, Room 260, Helena, MT 59601 Phone: (406) 444-2034 Montana Secretary of State Public Counter Hours: Monday through Friday, 8:00 a.m. to 5:00 p.m.

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