Clearing a DUI From Your Record in Montana

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.

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.