Overview Description

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

There is no statutory language regarding ineligible offenses.

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.

There is no statutory language regarding fees.

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.

There is no statutory language regarding a waiting period.