Montana: Adult Factual Innocence (MT-FI-1)

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.

Record Detail(s)

Identity theft

Previous Conviction Disqualifying

No

Mandatory / Discretionary

No statutory language

Hearing

No statutory language

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The petition must be filed in the district court. For the specific procedure, see Mont. Code Ann. §§ 46-24-219, 46-24-220.

Fees

No fees can be charged by the court. Mont. Code Ann. § 46-24-219(4).

Effect

The state's Department of Justice expunges pertinent records. Mont. Code Ann. § 46-24-219.

Waiting Periods

There is no statutory language regarding a waiting period.

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