Montana Montana

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.

Explore legal service providers located in the state by proximity to a zip code or county.

Contact information for legal aid organizations, bar associations, and other organizations that engage in record clearance work is provided for informational purposes only. The Clean Slate Clearinghouse does not endorse or recommend any organization or individual referenced on the site. If you are a legal service provider who offers record clearance services, please contact us.

Records required by the Sexual or Violent Offender Registration Act are expunged upon final reversal of conviction. Mont. Code Ann. § 46-23-510.

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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.

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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.

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

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Records of a case handled in drug court can be expunged upon the successful completion of a drug court program. Mont. Code Ann. § 46-1-1104.

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Records of a charge or conviction containing the name of an identity theft victim as the perpetrator of a crime can be expunged by the court. Mont. Code Ann. § 46-24-219.  

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Photographs and fingerprints taken at arrest or summons must be returned to the person if no charges are filed, no conviction is obtained, or the conviction is invalidated. Mont. Code Ann. § 44-5-202.

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Records of a juvenile adjudication must be physically sealed on the youth's 18th birthday, so long as the person is not subject to a disqualifying event. Mont. Code Ann. § 41-5-216(1).  

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Records of a juvenile adjudication in which the jurisdiction of the court or any agency is extended beyond the youth's 18th birthday must be physically sealed upon the termination of the extended jurisdiction, so long as the person is not subject to a disqualifying event. Mont. Code Ann. § 41-5-216(1).

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Informal youth court records for a youth that was involved only in informal proceedings must be destroyed on the youth's 18th birthday. Mont. Code Ann. § 41-5-216(7)(c).  

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Informal youth court records for a youth that was involved only in informal proceedings and had been placed on extended supervision must be destroyed when the extended supervision ends. Mont. Code Ann. § 41-5-216(7)(c).  

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