Montana record-clearing statutes

These are the Montana statutes that govern expungement. Each entry links to the official text.

• Misdemeanor expungement — the petition, the presumption, the hearing, the order — Part 11. Expungement of Records
• What expunge means — the Department of Justice destroys, deletes or erases the record; fingerprints are not a record — 46-18-1103. Definitions
• Who may petition — misdemeanor convictions from any court or case, once in a lifetime, fingerprinted to validate identity — 46-18-1104. Eligibility for misdemeanor expungement
• The district court of a judicial district where you were convicted — 46-18-1105. Venue
• Service on every prosecution office; the victim notified within 14 days and told of hearing dates — 46-18-1106. Notice
• Not detained, charged or facing new charges, and the five years or the military door — 46-18-1107. When expungement presumed
• The listed convictions, and the factors the court weighs — 46-18-1108. When expungement not presumed
• A preponderance of the evidence; public safety overcomes the presumption; the prosecutor and the victim may respond; the rules of evidence do not apply — 46-18-1109. Procedure
• All, some or none; who seals; the copies, fingerprints and form you send; the Department of Justice expunges on receipt — 46-18-1110. Expungement orders
• A non-conviction — the court reports the disposition; photographs and fingerprints returned to the arresting agency and expunged — 44-5-202. Photographs and fingerprints
• Marijuana convictions — their own petition to the sentencing court — 16-12-113. Decriminalized acts -- petition for expungement or resentencing -- retroactive application