Expunging or Sealing a Felony in Montana

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.

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.

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.