About clearing a record in Montana
You may file only once in your life. The state deletes the record from its criminal history files. The police, the prosecutor and the court clerk seal their copies. Felonies are not covered. The state removes an arrest with no conviction on its own. You can also ask it to.
You file in the district court where you were convicted. You send a copy to each prosecutor's office. The prosecutor must try to reach any victim. The court may hold a hearing. The court starts in your favor if you are not in jail, charged or facing new charges. One of two things must also be true. Five years have passed since you finished your sentence, fines and treatment included, with no new conviction. Or a conviction holds you back from the military or the national guard. That head start ends with some convictions. They are assault, partner or family member assault, stalking, sexual assault, breaking a protective order, and driving under the influence. It also ends with an offense whose penalty rose for drunk or drugged driving. The court then weighs your age at the time, the years since, and how you have changed. It weighs the risk you reoffend, and anything else it finds relevant.
Marijuana convictions have their own petition.
Remedies in Montana
- Expungement