Flathead County Public Records

What Are Public Records in Flathead County?

Public records in Flathead County are defined according to the Montana Public Records Act § 2-6-1002, which states that public records include "any paper, correspondence, form, book, photograph, microfilm, magnetic tape, computer storage media, map, drawing, or other document, including all copies, regardless of physical form or characteristics, that has been made or received by a state agency in connection with the transaction of official business."

Flathead County maintains numerous types of public records that are accessible to citizens, including:

Court records (civil, criminal, probate, family law)
Property records (deeds, mortgages, liens, assessments)
Vital records (birth certificates, death certificates, marriage licenses)
Business records (licenses, permits, fictitious business names)
Tax records (property tax information, assessment records)
Voting and election records
Meeting minutes and agendas (County Commission, boards, committees)
Budget and financial documents
Law enforcement records (arrest logs, incident reports where permitted)
Land use and zoning records

The Flathead County Clerk and Recorder's Office serves as the official records repository for the county, maintaining property records, marriage licenses, and other vital documents. Court records are maintained by the Flathead County Clerk of Court, which manages District Court records, marriage licenses, and other judicial documents.

Property records, including deeds, mortgages, and liens, are maintained in the Recording Department of the Clerk and Recorder's Office, while vital records such as birth and death certificates are available through the Vital Records Department. The Clerk and Recorder's Office also maintains election records and voter registration information.

Is Flathead County an Open Records County?

Flathead County adheres to Montana's open records laws, specifically the Montana Constitution Article II, Section 9, which establishes the public's right to know: "No person shall be deprived of the right to examine documents or to observe the deliberations of all public bodies or agencies of state government and its subdivisions, except in cases in which the demand of individual privacy clearly exceeds the merits of public disclosure."

Under the Montana Public Records Act § 2-6-1003, public records are presumed to be open to inspection by any person during regular business hours. The statute specifically states that "every person has a right to examine and obtain a copy of any public information of this state."

Flathead County complies with these state mandates by maintaining accessible public records and providing reasonable access to these documents. The county follows the state's sunshine laws, which require transparency in government operations and decision-making processes.

The county has established procedures for requesting and accessing public records in accordance with state law, though certain records may be exempt from disclosure as provided by statute. Flathead County government agencies strive to balance the public's right to information with privacy protections required by law.

How to Find Public Records in Flathead County in 2026

Members of the public seeking access to Flathead County records may utilize several methods to locate and obtain the information they need:

Visit the appropriate county office in person:
- For property records, deeds, and vital records, visit the Flathead County Clerk and Recorder's Office
- For court records, visit the Flathead County Clerk of Court
- For tax records, contact the Flathead County Treasurer's Office
Submit a written request:
- Prepare a specific written request identifying the records sought
- Submit the request to the appropriate department
- Include contact information for response
- Be as specific as possible about the records needed
Access online resources:
- Property records can be searched through the Flathead County public records portal
- Court records are available through the Montana District Court Public Access Portal
- County Commission meeting minutes and agendas are posted on the county website
Request certified copies:
- Certified copies of vital records require proper identification
- Death certificates from 2003 forward are available through the Clerk and Recorder's Office
- Birth certificates must be requested through the Montana Department of Public Health and Human Services
Submit a formal public records request:
- For records not readily available, submit a formal request citing Montana's Public Records Act
- Agencies must respond to requests within a reasonable timeframe
- If a request is denied, the agency must cite the specific legal exemption

When requesting records, it is advisable to be specific about the information sought, including relevant dates, names, and document types to facilitate efficient processing of the request.

How Much Does It Cost to Get Public Records in Flathead County?

Flathead County charges standard fees for public records in accordance with Montana Code Annotated § 7-4-2631, which authorizes county clerks to collect fees for services rendered. Current fees for common record types include:

Copies of recorded documents: $5.00 for the first page and $1.00 for each additional page
Certified copies of vital records: $8.00 per copy
Marriage licenses: $53.00
Certified copies of marriage certificates: $8.00
Court records: $10.00 for the first page and $0.50 for each additional page
Property record searches: $2.00 per name per year searched

Additional fees may apply for:

Expedited service (when available)
Research fees for extensive searches ($20.00 per hour after the first hour)
Postage for mailed documents
Electronic delivery of certain documents

Accepted payment methods include:

Cash (in-person requests only)
Personal checks
Money orders
Credit/debit cards (subject to processing fee)
Electronic payments for certain online services

Fee waivers may be available in limited circumstances, particularly for requests from other government agencies or for individuals demonstrating financial hardship. Standard fees are subject to change based on county commission decisions or state legislative updates.

Does Flathead County Have Free Public Records?

Flathead County provides free inspection of most public records during regular business hours, as required by Montana Code Annotated § 2-6-1006. While copying fees apply, the public may examine records without charge at the appropriate county office.

Free public records resources in Flathead County include:

In-person inspection of property records at the Clerk and Recorder's Office
Viewing of County Commission meeting minutes and agendas on the county website
Access to certain court docket information through the Montana Courts Public Access Portal
Voter registration verification through the Montana Secretary of State's website
Public notices and announcements posted on official county bulletin boards
Budget documents and financial reports available for review at the County Administrative Office

The Montana District Court Public Access Portal provides free access to certain court records, though detailed document downloads may incur fees. Similarly, the county's online property information system allows basic property searches at no cost, though detailed reports may require payment.

Members of the public should note that while inspection is free, staff time for extensive research or document retrieval may incur charges after a reasonable amount of time has been expended on the request.

Who Can Request Public Records in Flathead County?

Under Montana Code Annotated § 2-6-1003, "every person" has the right to examine and obtain copies of public records in Montana, including those held by Flathead County. This broad eligibility extends to:

Montana residents
Non-residents and out-of-state requestors
Business entities and organizations
Media representatives
Government agencies
Legal representatives

For most public records, requestors:

Are not required to state the purpose of their request
Do not need to provide identification for general record inspection
May remain anonymous for certain record types
Are not required to be personally involved in the matter related to the records

However, certain restrictions apply to specific record types:

Vital records (birth, death certificates) require proper identification and may be restricted to family members or those with direct interest
Adoption records have strict confidentiality requirements
Juvenile court records are generally confidential
Medical and health information is protected under HIPAA and state privacy laws
Records containing social security numbers or financial account information may be redacted

When requesting records about oneself, identification is typically required to verify identity and prevent unauthorized disclosure of personal information. For requests concerning other individuals' records, additional documentation may be necessary to establish legal right to access.

What Records Are Confidential in Flathead County?

While Montana law favors transparency, certain records are exempt from public disclosure in Flathead County pursuant to Montana Code Annotated § 2-6-1017 and other specific statutes. These confidential records include:

Juvenile court records (with limited exceptions)
Adoption records and proceedings
Child abuse and neglect records
Mental health commitment proceedings
Medical and health records protected by HIPAA
Records containing social security numbers, financial account information, or other personal identifying information
Certain personnel records and employee evaluations
Records related to ongoing criminal investigations
Trade secrets and proprietary business information
Attorney-client privileged communications
Records where individual privacy interests clearly exceed public disclosure merits
Certain security information, including infrastructure vulnerabilities
Sealed court records and expunged criminal records
Confidential criminal justice information as defined by state law
Certain tax records with personal financial information
Victim information in criminal cases

Montana law requires agencies to apply a balancing test when privacy interests are at stake, weighing whether "the demand of individual privacy clearly exceeds the merits of public disclosure." When records contain both public and confidential information, agencies typically redact the confidential portions and release the remainder.

Requestors seeking access to potentially confidential records may need to demonstrate legal authority or legitimate interest to obtain such information. Court orders may be necessary to access certain sealed or confidential records.