Conviction Expungement Process

During the 2017 Montana Legislature House Bill 168 was passed into law and is codified as MCA 46-18-1101. This law entitles individuals to petition the district court for an order requiring the expungement of misdemeanor offence(s). However certain requirements must be met:

  • The person has not been convicted of any other offense in this state, another state, or federal court for a period of 5 years since the person completed the terms of the original sentence for the offense, including payment of any financial obligations or successful completion of court-ordered treatment.
  • The person is not currently being detained for the commission of a new offense, has not been charged with the commission of a new offense or does not have charges pending for the commission of a new offense.
  • However, if the person has applied to United States military academy or has applied to enlist in the armed forces or national guard or is currently serving in the armed forces and is prohibited from enlisting or holding a certain position due to a prior conviction the above requirements may be waived.

 

For full details on the expungement process, please review MCA 46-18-1101. The Department of Justice is not able to assist potential applicants with their expungement application.

 

To Request an Expungement

  • Individual petitions the District Court for an order expunging qualified misdemeanor records.
  • The Petitioner’s counsel must notify the prosecution office responsible for the conviction.
  • The prosecution office must attempt to notify any potential victims.
  • The District Court will decide whether to grant the order.
  • If granted the petitioner must go to law enforcement to be fingerprinted on a blue applicant fingerprint card (FD-258).
  • The petitioner will then access the expungement form located on the MT DOJ website (Expungement Form)
  • The petitioner will then send in the fingerprint card, expungement form and order from the court to CRISS @ PO Box 201403, Helena, MT 59620.
  • CRISS will then verify the petitioner has not utilized this law for previous expungements.
  • CRISS will also verify the identity of the individual using the submitted fingerprint card.
  • If the petitioner has not utilized this law previously and the ID is confirmed CRISS will remove arrest/conviction data from the CCH.
  • Please allow 30 days for processing.

 

 

X