Question 1

Can you get a criminal record expunged in Montana?

Accepted Answer

Montana allows a one-time court expungement of misdemeanor records. Expungement means permanently destroying, deleting or erasing the record from the state's criminal history system. Felonies cannot be expunged. However, a felony sentence that was deferred is dismissed when the deferral ends successfully, and the records become confidential. Montana also allows expungement or resentencing of marijuana convictions under the 2020 marijuana law, automatic sealing of most youth court records at age 18, and executive clemency (including pardons) from the Governor.

Question 2

Can you clear an arrest or dismissed charge in Montana?

Accepted Answer

No general statute for expunging arrests or dismissed charges was found. When a deferred sentence ends successfully and the charge is dismissed, all records and data about the charge become confidential criminal justice information, open to the public only by district court order for good cause. Confidential criminal justice information can generally be shared only with criminal justice agencies, those authorized by law, or by court order.

Question 3

Can a misdemeanor be expunged in Montana?

Accepted Answer

A person convicted of one or more misdemeanors may petition a district court to expunge all related records of arrest, investigation, detention and court proceedings. This can be done only once in a lifetime and may cover multiple misdemeanors from different courts and cases. Expungement is presumed if the person is not in custody, has no pending charges, and has had no conviction anywhere for 5 years after completing the sentence, including paying all financial obligations and finishing any court-ordered treatment. It is also presumed for people applying to a U.S. military academy or the armed forces or National Guard, or serving and held back by the conviction. There is no presumption for convictions of assault, partner or family member assault, stalking, sexual assault, protective order violations or DUI. The court may still grant those after considering the person's age at the time, time passed, rehabilitation and the likelihood of reoffending.

Question 4

Can a felony be expunged in Montana?

Accepted Answer

Montana's expungement law covers only misdemeanors, so felony convictions cannot be expunged. If a felony sentence was deferred and the deferral period ends without a petition to revoke, the court must strike the guilty plea or verdict and dismiss the charge. The records then become confidential criminal justice information. Felony marijuana convictions for conduct that is now legal or less serious may be expunged or redesignated under the marijuana law.

Question 5

Does Montana have automatic record clearing (clean slate)?

Accepted Answer

There is no automatic expungement of adult records. Most youth court, law enforcement and youth corrections records are sealed automatically on the youth's 18th birthday (or when extended jurisdiction ends).

Question 6

Can a DUI be expunged in Montana?

Accepted Answer

Misdemeanor DUI convictions can be included in the one-time misdemeanor expungement petition, but expungement is not presumed for a person with a DUI conviction or an offense with an enhanced penalty because of DUI. The court decides after considering the person's age at the offense, time passed, rehabilitation, likelihood of reoffending and any other relevant factor.

Question 7

How do you seal a juvenile record in Montana?

Accepted Answer

Formal and informal youth court records, law enforcement records and youth corrections records must be physically sealed on the youth's 18th birthday, or when any extended jurisdiction ends. Other agencies' copies must be destroyed. Exceptions include medical records, fingerprints, DNA, photographs, youth traffic records, cases where the youth did not complete all court requirements, and cases requiring sex offender registration. Sealed records may be opened only by youth court order for good cause to certain agencies, adult probation staff preparing a presentence report, and victims of sexual offenses. Records may be destroyed with consent after 10 years.

Question 8

How do you file for expungement in Montana?

Accepted Answer

File a petition for expungement in the district court of a judicial district where a misdemeanor conviction occurred, and be fingerprinted to confirm identity. Serve a copy on every prosecution office that prosecuted an offense included. The prosecutor must try to notify any victim within 14 days and tell them of their right to respond and of hearing dates. The court decides by a preponderance of the evidence, and a presumption in favor of expungement can be overcome if public safety requires it. The rules of evidence do not apply at the hearing. If the court grants expungement, the person must send a copy of the order, the fingerprints and a Department of Justice form to the arresting agency, prosecutor, court clerk and Department of Justice.

Question 9

What happens after a record is expunged or sealed in Montana?

Accepted Answer

Expungement means permanently destroying, deleting or erasing the record from the state's criminal history record system, though fingerprint records and investigative data may be kept. The order directs the arresting agency, prosecutor and court clerk to permanently seal their records, and the Department of Justice must expunge its records. A dismissed deferred sentence is treated as confidential criminal justice information.

Question 10

How do you get a pardon in Montana?

Accepted Answer

The Governor may grant clemency, including pardons, commutations, respites and remission of fines. A pardon is a declaration that the person is relieved of all legal consequences of a prior conviction. All applications go to the Board of Pardons and Parole, whose hearing panel may investigate, hold a hearing and recommend granting or denying clemency. The Governor is not bound by the recommendation and has the final decision, which cannot be appealed.

Question 11

Can old marijuana convictions be cleared in Montana?

Accepted Answer

Yes. People who completed a sentence for conduct that is now legal or carries a lesser penalty under Montana's 2020 marijuana law may petition the sentencing court to expunge the conviction or redesignate it as a misdemeanor or civil infraction. The court presumes the person qualifies unless the county attorney gives a reasonable basis otherwise, and no hearing is needed unless the person asks. People still serving such a sentence may petition for expungement or resentencing. This also applies to juvenile cases, and using it does not prevent a later one-time misdemeanor expungement.

What relief the state offers	Montana allows a one-time court expungement of misdemeanor records. Expungement means permanently destroying, deleting or erasing the record from the state's criminal history system. Felonies cannot be expunged. However, a felony sentence that was deferred is dismissed when the deferral ends successfully, and the records become confidential. Montana also allows expungement or resentencing of marijuana convictions under the 2020 marijuana law, automatic sealing of most youth court records at age 18, and executive clemency (including pardons) from the Governor. Source: MCA §§ 46-18-1103, 46-18-1104, 46-18-204, 16-12-113, 41-5-216, 46-23-301
Arrests and dismissed charges	No general statute for expunging arrests or dismissed charges was found. When a deferred sentence ends successfully and the charge is dismissed, all records and data about the charge become confidential criminal justice information, open to the public only by district court order for good cause. Confidential criminal justice information can generally be shared only with criminal justice agencies, those authorized by law, or by court order. Source: MCA §§ 46-18-204, 44-5-303
Misdemeanor convictions	A person convicted of one or more misdemeanors may petition a district court to expunge all related records of arrest, investigation, detention and court proceedings. This can be done only once in a lifetime and may cover multiple misdemeanors from different courts and cases. Expungement is presumed if the person is not in custody, has no pending charges, and has had no conviction anywhere for 5 years after completing the sentence, including paying all financial obligations and finishing any court-ordered treatment. It is also presumed for people applying to a U.S. military academy or the armed forces or National Guard, or serving and held back by the conviction. There is no presumption for convictions of assault, partner or family member assault, stalking, sexual assault, protective order violations or DUI. The court may still grant those after considering the person's age at the time, time passed, rehabilitation and the likelihood of reoffending. Source: MCA §§ 46-18-1104, 46-18-1107, 46-18-1108
Felony convictions	Montana's expungement law covers only misdemeanors, so felony convictions cannot be expunged. If a felony sentence was deferred and the deferral period ends without a petition to revoke, the court must strike the guilty plea or verdict and dismiss the charge. The records then become confidential criminal justice information. Felony marijuana convictions for conduct that is now legal or less serious may be expunged or redesignated under the marijuana law. Source: MCA §§ 46-18-1104, 46-18-204, 16-12-113
DUI / DWI convictions	Misdemeanor DUI convictions can be included in the one-time misdemeanor expungement petition, but expungement is not presumed for a person with a DUI conviction or an offense with an enhanced penalty because of DUI. The court decides after considering the person's age at the offense, time passed, rehabilitation, likelihood of reoffending and any other relevant factor. Source: MCA § 46-18-1108
Juvenile records	Formal and informal youth court records, law enforcement records and youth corrections records must be physically sealed on the youth's 18th birthday, or when any extended jurisdiction ends. Other agencies' copies must be destroyed. Exceptions include medical records, fingerprints, DNA, photographs, youth traffic records, cases where the youth did not complete all court requirements, and cases requiring sex offender registration. Sealed records may be opened only by youth court order for good cause to certain agencies, adult probation staff preparing a presentence report, and victims of sexual offenses. Records may be destroyed with consent after 10 years. Source: MCA § 41-5-216
Past marijuana convictions	Yes. People who completed a sentence for conduct that is now legal or carries a lesser penalty under Montana's 2020 marijuana law may petition the sentencing court to expunge the conviction or redesignate it as a misdemeanor or civil infraction. The court presumes the person qualifies unless the county attorney gives a reasonable basis otherwise, and no hearing is needed unless the person asks. People still serving such a sentence may petition for expungement or resentencing. This also applies to juvenile cases, and using it does not prevent a later one-time misdemeanor expungement. Source: MCA § 16-12-113

Montana Expungement Laws: How to Clear or Seal a Criminal Record

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