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
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Records required by the Sexual or Violent Offender Registration Act are expunged upon final reversal of conviction. Mont. Code Ann. § 46-23-510.
View DetailsRecords 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.
View DetailsRecords 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.
View DetailsRecords of a case that was dismissed after a deferred sentence under section 46-18-208 are confidential. Mont. Code Ann. § 46-18-204.
View DetailsRecords 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.
View DetailsRecords 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.
View DetailsPhotographs 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.
View DetailsRecords 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).
View DetailsRecords 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).
View DetailsInformal 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).
View DetailsInformal 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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