Montana: Juvenile Court Records and Law Enforcement Records (MT-AR-3)

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).

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Automatic

Remedy

Delete

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The procedure is automatic.

Fees

There is no statutory language regarding fees.

Effect

Informal youth court records that are in hard-copy form must be destroyed, and any electronic records in the youth court management information system must disassociate the offense and disposition information from the name of the youth. Mont. Code Ann. § 41-5-216(7)(c). A destroyed record must be rendered inaccessible and unrecoverable and disposed of in a manner in which confidentiality is protected, which can include disassociating the offense and disposition information from the name of the youth. Mont. Code Ann. § 41-5-220.

Waiting Periods

The record will be destroyed on the youth's 18th birthday. Mont. Code Ann. § 41-5-216(1).

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