How it works in Montana

These steps cover the court-petition process — the path that applies if you don't qualify for the automatic process.

  1. Get Fingerprinted

    Visit your local police or sheriff's station and have your fingerprints taken.

    Cost: $15.00 to $25.00 — depending on the provider

  2. Request your Record

    Complete and submit your application to request an official copy of your criminal history record.

    Record request fee: $30.00

  3. Review your Record

    Confirm there is no disqualifying information in your history. If there is something incorrect, follow the process to challenge the issue. If everything is accurate, make a copy for your file and keep the original somewhere safe.

  4. Request Certified Documents

    Collect certified copies of relevant documents. These include a copy of the disposition of the case from the clerk of court that handled the original case and the arrest record from the arresting agency. If you had probation or parole, had to take classes, had to pay fees, or had any other obligations, you also need certified proof that you completed the requirements.

    Certified copy fee: $5.00

  5. Verify the Final Documents

    Review each document for accuracy. Confirm each one is certified and clearly shows you completed your obligations. Make copies of every original.

  6. Prepare your Petition

    Complete the petition based on the type of charge and outcome you are seeking. Note the timing restrictions: certain misdemeanor convictions require five years to pass before you can file.

  7. Finalize your Petition

    Take the completed petition from Step 6, the documents collected in Step 4, and the background check from Step 2, and put them together in a complete package. Double-check every file in the package is the original and ensure you have a copy of the complete package for your personal file.

  8. File your Expeal Request

    File the petition with the court that handled the case.

    Filing fee: $100.00

  9. Work with the Court

    After the court confirms it has received your filing, watch for the next instructions — typically a hearing notice or a request for additional documents. Respond promptly to anything the court asks for, and prepare for the hearing if one is scheduled.

  10. Receive the Court's Order

    Once the judge rules, the court issues a written order either granting or denying your petition. Review the order's terms carefully — they spell out exactly which records are covered. Keep a certified copy for your own files.

  11. Verify the Record Update

    Montana law directs the Montana Department of Justice's Division of Criminal Investigation and the original arresting agency to update or remove the records covered by the order. If a background-check provider later produces an outdated report, your certified copy of the order is your authoritative reference. Under Mont. Code Ann. tit. 46, ch. 18, pt. 11, you can lawfully decline to disclose the cleared charges in most non-government contexts.

If you have to mail anything, remember to keep a copy of whatever you send and to use a method with a tracking number like the USPS Flat Rate Envelope.

Official agencies

Court forms

Montana record-clearing statutes

Last reviewed