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Montana

Adult Criminal Record Clearance Overview

Adult criminal records for cases in which you were convicted are eligible for expungement or confidentiality in some situations.   

  • If you were convicted of a misdemeanor, the record can be expunged five years after you complete your last sentence or when the expungement is needed for military enlistment or promotion. You have to file a petition in court to start the process, and it is up to the judge whether or not to grant your petition. You can have more than one misdemeanor expunged at a time, but all of the misdemeanors have to be included in the same petition. 
  • If you were convicted of prostitution or any other non-violent offense because you were a victim of human trafficking, your conviction can be vacated, and the record can be made confidential immediately. You have to file a petition in court to start the process, and it is up to the judge whether or not to grant your petition. 
  • If you were the victim of identity theft and someone used your name when committing a crime, the record can be expunged immediately. You have to file a petition in court to start the process. 
  • If your conviction for a sexual or violent offense is reversed, records kept under the Sexual or Violent Offender Registration Act should be expunged immediately.  
  • Records of a person with one or more misdemeanor offenses, whether in one court or multiple courts and whether in one case or multiple cases, and who has not had their records previously expunged, can be expunged. 

Adult criminal records for cases in which you completed a diversion or deferral program are eligible for expungement in some situations.   

  • If your case was dismissed after a deferred sentence, the record should become confidential immediately. 
  • If you successfully completed a drug court program, the record can be expunged immediately. It is up to the judge whether or not to expunge your record. 

If you were arrested but no charges were filed, the case ended without a conviction, or the conviction was later invalidated, fingerprints and photographs that were taken when you were arrested can be returned to you immediately. The state repository shall expunge all copies. 

Adult Criminal Record Clearance Policies

    Records required by the Sexual or Violent Offender Registration Act are expunged upon final reversal of conviction. Mont. Code Ann. § 46-23-510.
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    Certain records can be expunged by the court after sentence completion, and expungement is presumed when five years has passed or when expungement is needed for military enlistment or promotion. Mont. Code Ann. § 46-18-1107.
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    Records of a conviction for prostitution, promoting prostitution, or any other nonviolent offense that occurred as a direct result of the petitioner having been a victim of human trafficking will become confidential when the conviction is vacated. Mont. Code Ann. § 46-18-608.
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    Records of a person with one or more misdemeanor offenses, whether in one court or multiple courts and whether in one case or multiple cases, and who has not had their records expunged under this statute previously, can be expunged. Mont. Code Ann. § 46-18-1104.
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    Records of a case that was dismissed after a deferred sentence under section 46-18-208 are confidential. Mont. Code Ann. § 46-18-204.
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    Records of a case handled in drug court can be expunged upon the successful completion of a drug court program. Mont. Code Ann. § 46-1-1104.
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    Records of a charge or conviction containing the name of an identity theft victim as the perpetrator of a crime can be expunged by the court. Mont. Code Ann. § 46-24-219.
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    Photographs and fingerprints taken at arrest or summons must be returned to the person if no charges are filed, no conviction is obtained, or the conviction is invalidated. Mont. Code Ann. § 44-5-202.
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    Juvenile Record Clearance Overview

    Below is a general overview of when juvenile records can be sealed or destroyed in Montana. Please note that the Clean Slate Clearinghouse does not provide legal advice.  

    Read the legal policies and statutes for detailed statutory information.      

    Juvenile Record Clearance Policies Overview  

    • Most juvenile records should be automatically sealed once you turn 18 or when you are released from supervision, probation, or commitment, whichever occurs last. You should not have to do anything to get the record sealed. 
    • Juvenile records related to informal proceedings should be automatically destroyed once you turn 18 or when you are released from informal supervision, whichever occurs last. You should not have to do anything to get the record destroyed. 

      You may not be eligible to get your record sealed if you were required to register as a sex offender. Juvenile traffic records and certain convictions and adjudications are not eligible for sealing or destruction.  

    Find a Lawyer 

    If you think you might be eligible to have your record sealed or destroyed, find a lawyer who may be able to help you. Some lawyers might help you for free, although you may still need to pay a fee to file the paperwork in court.    

    Court Forms and Resources 

    If you cannot find a lawyer to help you, you may be able to file a petition on your own using these court forms and resources. 

    Juvenile Record Clearance Policies

      Records of a juvenile adjudication must be physically sealed on the youth's 18th birthday, so long as the person is not subject to a disqualifying event. Mont. Code Ann. § 41-5-216(1).
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      Records of a juvenile adjudication in which the jurisdiction of the court or any agency is extended beyond the youth's 18th birthday must be physically sealed upon the termination of the extended jurisdiction, so long as the person is not subject to a disqualifying event. Mont. Code Ann. § 41-5-216(1).
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      Informal youth court records for a youth that was involved only in informal proceedings, must be destroyed on the youth's 18th birthday. Mont. Code Ann. § 41-5-216(7)(c).
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      Informal youth court records for a youth that was involved only in informal proceedings and had been placed on extended supervision, must be destroyed when the extended supervision ends. Mont. Code Ann. § 41-5-216(7)(c).
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      Find A Lawyer

      Legal service providers located in the state.

      Contact information for legal aid organizations, bar associations, and other organizations that engage in record clearance work is provided for informational purposes only. The NRRC does not endorse or recommend any organization or individual referenced on the site. If you are a legal service provider who offers record clearance services, please contact us.