Expungement of Criminal Records in Montana

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expungement

A criminal record can be a bar to certain types of employment, licensing, holding public office, and even the right to vote. Most states allow for a process called expungement that will remove certain arrests or criminal convictions from the offender’s record.

Depending upon the laws of the state in which you live and the nature of the crime, you may be able to get an arrest or conviction sealed or erased from your legal record. After the expungement process is complete, you will not need to disclose the conviction on a job or school application, and in most instances no record of the arrest or conviction will show up during a public records inspection or background check commonly done by potential employers, landlords, and educational institutions.

In Montana, any records kept by a court, law enforcement agency, or other state or local government agency related to a sexual or violent criminal conviction which is later reversed may be eligible for expungement. MCA § 46-23-510.  If a felony conviction or the adjudication of a youth for a sexual or violent offense is reversed, the record relating to the offense must be expunged from the DNA identification index.

The following individuals may be eligible for an expungement in Montana:

  • Any adult or juvenile who is convicted or a violent or sexual criminal offense which is later reversed
  • Adults convicted of a felony which is later reversed or youths adjudicated for a sexual or violent crime which is later reversed may have their DNA records related to the crime expunged
  • When a deferred imposition of sentence results in a dismissal of charges

See the USLegal website  for a full overview of expungement law in the state of Montana.