Overview Description

Records relating to a misdemeanor can be expunged by the court after sentence completion, and expungement is presumed when five years have passed or when expungement is needed for military enlistment or promotion. § 46-18-1101, MCA.

Ineligible Category or Citation

There is no statutory language on ineligible offenses, but see offenses for which expungement may not be presumed. § 46-18-1101, MCA.

Procedure General

The petition must be filed in the district court. Multiple misdemeanor records can be expunged, but an expungement can occur only once in the person's life. For the specific procedures, see § 46-18-1101, MCA.

Fees

There is no statutory language regarding fees.

Effect

Records are permanently destroyed or deleted from the state department of justice's criminal history information system. § 46-18-1101, MCA.

Waiting Periods

A petition can be filed after sentence completion.

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