Montana: Adult Diversion/Deferral Program (MT-D-1)

Records of a case that was dismissed after a deferred sentence under section 46-18-208 are confidential. Mont. Code Ann. § 46-18-204.

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Automatic

Remedy

Shield

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The process is automatic. A copy of the order of dismissal is sent to the prosecutor and the department of justice, accompanied by a form prepared by the state Department of Justice and containing identifying information about the person. For the specific procedure, see Mont. Code Ann. § 46-18-204.

Fees

There is no statutory language regarding fees.

Effect

All records and data relating to the charge are confidential criminal justice information, and public access to the information can be obtained only by district court order for good cause. Mont. Code Ann. §§ 46-18-204, 44-5-103.

Waiting Periods

There is no statutory language regarding a waiting period.

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