If you are seeking a Montana expungement please review the expungement overview below. Check back often or Sign Up for an email alert when the Montana Expungement Kit is ready.
Requirement(s) to qualify for an expungement in the state:
Any adult or juvenile who is convicted or a violent or sexual criminal offense which is later reversed. Adults convicted of a felony which is later reversed or youths adjudicated for a sexual or violent crime which is later reversed may have their DNA records related to the crime expunged.
Additional restrictions on who can qualify for an expungement
The above-referenced statutes include no mention of a requirement of the person who is the subject of the records to file a petition for expungement and requires expungement as a matter of law. MCA § 46-23-510 requires the sentencing court to order expungement of all records upon the final reversal of a sexual or violent criminal offense. In the case of DNA records, MCA § 44-6-107 requires the county attorney of the county in which the conviction occurred to notify the department of justice of a reversal of a conviction for the offense or adjudication.
Does the law provide for sealing? What are the requirements?
Montana laws provides judicial sealing or expungement of adult felony convictions or
First Offender Expungement: The court may defer imposition of sentence from one to three years during which offender will be on probation. Following termination of the relevant time period, the court is authorized to permit a defendant to withdraw a plea of guilty or nolo contendere or to strike the verdict of guilty from the record and order that the charge or charges against the defendant be dismissed.
What does it mean if you have a record expunged or sealed?
The process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges.
The petitioner may thereafter answer inquires about his criminal conviction record by saying that he has not been convicted of a crime.
Any records kept by a court, law enforcement agency, or other state or local government agency related to a sexual or violent criminal conviction which is later reversed. If a conviction of a felony offense or the adjudication of a youth for a sexual or violent offense is reversed, the record relating to the offense must be expunged from the DNA identification index.
After the charge is dismissed, all records and data relating to the charge are confidential criminal justice information, as defined in 44-5-103, and public access to the information
may only be obtained by district court order upon good cause shown. Records be expunged, which means to require that all documentation and physical or automated entries concerning the expunged offense be physically destroyed or obliterated.
Are you eligible for a Montana Expungement? Most crimes can be expunged. For a description of the crimes that cannot be expunged, click here .
Be sure to check the site often
as we are in the process of adding the Expungement
Kit for the State of Montana soon.