Montana

Adult criminal records for cases in which you were convicted are eligible for expungement or confidentiality in some situations.  

• If you were convicted of a misdemeanor, the record can be expunged five years after you complete your last sentence or when the expungement is needed for military enlistment or promotion. You have to file a petition in court to start the process, and it is up to the judge whether or not to grant your petition. You can have more than one misdemeanors expunged at time, but all of the misdemeanors have to be included in the same petition.

 

• If you were convicted of prostitution or any other non-violent offense because you were a victim of human trafficking, your conviction can be vacated and the record can be made confidential immediately. You have to file a petition in court to start the process, and it is up to the judge whether or not to grant your petition.

 

• If you were the victim of identity theft and someone used your name when committing a crime, the record can be expunged immediately. You have to file a petition in court to start the process.

 

• If your conviction for a sexual or violent offense is reversed, records kept under the Sexual or Violent Offender Registration Act should be expunged immediately.

Adult criminal records for cases in which you completed a diversion or deferral program are eligible for expungement in some situations.  

• If your case was dismissed after deferred sentence, the record should become confidential immediately.

 

• If you successfully completed a drug court program, the record can be expunged immediately. It is up to the judge whether or not to expunge your record.

If you were arrested but no charges were filed, the case ended without a conviction, or the conviction was later invalidated, fingerprints and photographs that were taken when you were arrested can be returned to you immediately.

Below is a general overview of when juvenile records can be sealed or destroyed in Montana. Please note that the Clean Slate Clearinghouse does not provide legal advice. Read the legal policies and statutes for detailed statutory information.     Juvenile Record Clearance Policies Overview  

• Most juvenile records should be automatically sealed once you turn 18 or when you are released from supervision, probation, or commitment, whichever occurs last. You should not have to do anything to get the record sealed.

 

• Juvenile records related to informal proceedings should be automatically destroyed once you turn 18 or when you are released from informal supervision, whichever occurs last. You should not have to do anything to get the record destroyed.

  You may not be eligible to get your record sealed if you were required to register as a sex offender. Juvenile traffic records and certain convictions and adjudications are not eligible for sealing or destruction. Find a Lawyer If you think you might be eligible to have your record sealed or destroyed, find a lawyer who may be able to help you. Some lawyers might help you for free, although you may still need to pay a fee to file the paperwork in court.   Court Forms and Resources If you cannot find a lawyer to help you, you may be able to file a petition on your own using these court forms and resources.