Montana: Juvenile Court Records and Law Enforcement Records (MT-AR-2)

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).

Record Detail(s)

Charges adjudicated

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Automatic

Remedy

Seal

Ineligible Category or Citation

Youth traffic records, records in any case in which the youth did not fulfill all requirements of the court's judgment or disposition, and information pertaining to a youth that was required to register as a sexual offender are ineligible for sealing. For a complete list of records excluded from sealing, see Mont. Code Ann. § 41-5-216(4)

Procedure General

The procedure is automatic.

Fees

There is no statutory language regarding fees.

Effect

Formal and informal youth court records, law enforcement records, and department records are subject to sealing. Mont. Code Ann. § 41-5-216(1). A sealed record must be made unavailable for access by any person unless upon court order. Mont. Code Ann. § 41-5-220.

Waiting Periods

The record will be sealed upon termination of extended jurisdiction. Mont. Code Ann. § 41-5-216(1).

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