Overview Description

Records of a conviction for prostitution, promoting prostitution, or any other nonviolent offense that occurred as a direct result of the petitioner having been a victim of human trafficking will become confidential when the conviction is vacated. Mont. Code Ann. § 46-18-608.

Ineligible Category or Citation

This section applies only to prostitution, promoting prostitution, and other nonviolent offenses. Mont. Code Ann. § 46-18-608(1).

Procedure General

The petition to vacate the conviction must filed in court. For the specific procedure, see Mont. Code Ann. § 46-18-608.

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. §§ 46-18-608, 44-5-103.

Waiting Periods

The petition must be filed within a reasonable time after the person ceased to be involved in human trafficking or sought services for human trafficking victims, subject to reasonable safety concerns. Mont. Code Ann. § 46-18-608(2)(a).

 

(non-prod server)