Montana: Adult Convictions (MT-C-2)

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.

Record Detail(s)

Misdemeanor

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Discretionary

Hearing

No statutory language

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

There is no statutory language on ineligible offenses, but see offenses (partner or family member assault, stalking sexual assault, a violation of a protective order, or driving under the influence of alcohol or drugs) for which expungement may not be presumed. Mont. Code Ann. § 46-18-1108.

Procedure General

The petition must be filed in the district court. For the specific procedure, see 46-18-1104, MCA(a), 46-18-1110, MCA, 46-18-1109, MCA. A person seeking expungement shall serve a copy of the petition for expungement to every prosecution office that prosecuted an offense for which expungement is being requested. Mont. Code Ann. § 46-18-1106.

Fees

There is no statutory language regarding fees.

Effect

Upon receipt of an expungement order, the department of justice shall, within existing department resources, expunge all records of arrest, investigation, detention, and court proceedings relating to the person's offenses addressed by the order. Mont. Code Ann. § 46-18-1110.

Waiting Periods

A petition can be filed after sentence completion.

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