Montana Expungement & Record Sealing Guide

Who Qualifies for Expungement in Montana?

Montana expanded expungement in 2021 to include misdemeanor and felony convictions. Previously limited to deferred impositions and non-convictions.

Who Qualifies

• Deferred imposition of sentence: Eligible upon successful completion — petition to withdraw plea and dismiss
• Dismissed / acquitted: Eligible immediately
• Misdemeanor conviction: 5 years after sentence completion, with no new convictions
• Felony conviction: 5 years after sentence completion, with no new convictions

Not Eligible

• Deliberate homicide
• Sex offenses requiring registration
• Crimes against children
• DUI resulting in serious injury or death
• Prior expungement granted (one per person)

Step-by-Step: How to Clear Your Record in Montana

1. Obtain Montana criminal record — From Montana Department of Justice, Criminal Records section.
2. File petition — In the district court of conviction. Fee: ~$85.
3. Notify county attorney — Has 30 days to respond.
4. Hearing — Court reviews the petition. Consideration given to time elapsed, rehabilitation, and nature of offense.
5. Order issued — Records sealed or destroyed per court order.

Waiting Periods

• Deferred imposition / dismissed: Upon completion or immediately
• Misdemeanor or felony conviction: 5 years from sentence completion

Costs

• Filing fee: ~$85
• Attorney fees: $750–$2,500

Montana Legal Services Association offers free help at montanalawhelp.org.

What Record Clearing Does (and Doesn't) Do in Montana

After a successful expungement or sealing in Montana, your record will generally be cleared from:

• Most private employer background checks
• Rental housing background checks
• Most licensing board inquiries (varies by profession)

However, it typically does not affect:

• Federal law enforcement and immigration records
• Military background checks
• Applications for law enforcement positions
• Some professional licensing boards (law, medicine, teaching — varies by state)
• Sex offender registry requirements (in most cases)

Disclaimer: This information is for general educational purposes only and does not constitute legal advice. Laws change frequently. Consult a licensed attorney in Montana for advice specific to your situation.