How To Get Your Criminal Record Sealed in Montana

If you’re a Montana resident with a misdemeanor conviction, you might be wondering if it’s possible to clear your record. The good news is that Montana law offers a process to expunge certain criminal records, giving you a fresh start.

Expungement in Montana refers to the legal process of sealing or erasing a criminal record. Once expunged, the record is not accessible to the public, including employers and landlords. However, law enforcement agencies and certain other entities may still access sealed records.

Who Is Eligible for Expungement?

Not everyone is eligible for expungement. To qualify, you must have been convicted of one or more misdemeanor offenses, have completed all terms of your sentence including payment of fines and successful completion of court-ordered treatment, and not have been convicted of any offense in Montana, another state, or federal court for at least five years since completing the terms of your original sentence.

Additionally, you must not be currently detained, charged with a new offense, or have any charges pending. It’s important to note that you can only apply for expungement once in your lifetime.

Which Crimes Can’t Be Expunged?

Certain offenses are not eligible for expungement in Montana. These include assault, partner or family member assault, stalking, sexual assault, violation of a protective order, and driving under the influence (DUI). If your conviction falls into one of these categories, expungement may not be possible.

How to Start the Expungement Process

The expungement process begins with checking your criminal record. You should obtain a current copy of your criminal history through the Criminal History Online Public Record Search (CHPRS) or by mailing in a request.

READ MORE: U.S. Marshals Most Wanted Criminals In Montana

Once you have your record, you will need to file a petition with the district court in the county where you were convicted. The petition should detail your convictions and explain why you believe expungement is warranted. Your attorney must notify the prosecuting office responsible for the conviction and make an effort to notify any potential victims.

What Happens After Filing the Petition?

The district court will then review your petition and may schedule a hearing to consider factors such as your rehabilitation and the amount of time that has passed since the offense. If the court grants your petition, you will be fingerprinted for identity verification.

You must then send the court order, fingerprint card, and expungement form to the Montana Criminal Records and Identification Services Section (CRISS) for processing, which typically takes up to 30 days.

Why Hiring an Attorney Can Help

Navigating the expungement process can be complex, so consulting with an attorney experienced in Montana’s expungement laws can help ensure your petition is properly prepared and increase your chances of success.

Clearing your criminal record in Montana is possible, but it requires meeting specific eligibility criteria and following a detailed legal process.

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Taking the Next Step for a Fresh Start

If you’re seeking a fresh start, consider taking the necessary steps to apply for expungement. Remember, you only get one opportunity, so it’s crucial to approach the process carefully and with the right support.