How to File for Expungement in Montana

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.

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.