LEGAL GUIDE
Written by attorney Martin W. Judnich | Jan 11, 2018

Misdemeanor expungement of criminal records in Montana

In Montana, a new law has gone into effect as of October 1, 2017 which now provides a legal procedure to not only remove an old misdemeanor criminal conviction from your permanent record, but requires the destruction of all investigation and paperwork from the event. According to the new law once a correctly filed Petition is received by the District Court in the County of your conviction, if granted the court should order: 1. The original court to permanently destroy, delete or erase all records of the offense including all court pleadings and filings; 2. The Montana Department of Justice to permanently destroy, delete or erase any criminal record, including in electronic form; 3. Any law enforcement agency investigating the matter to destroy, delete or erase all records, notes, photographs and arrest records; 4. The prosecuting attorney’s office to destroy, delete or erase all records, filings, pleadings, sentencing documents, notes etc., in physical or electronic form. Any misdemeanor conviction is eligible for expungement. However some requirements are: 1. At least 5 years must have gone by since you COMPLETED all aspects of the sentence, OR You have applied for or are currently in a military academy or branch of service. 2. All aspects of the sentence must be successfully completed. 3. You cannot have been charged with any new offenses since completing your sentence. 4. Some specific crimes, such as DUI and assault will be more difficult to expunge than others.

This process is not a guarantee. The courts have the ability to deny an expungement petition. For this reason alone it is the best idea to hire an experienced attorney to handle such legal pleadings.

If you want to know more about expungement of criminal records in Montana give the Judnich Law Office a call today. (406) 721-3354

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