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Montana Expungement Laws: Misdemeanor Eligibility, Process, and Limits (2026)

Independently fact-checkedEditor-reviewedLaw current as of August 20, 2026By Recording Law Editorial TeamReviewed September 2, 20269 min read

Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. How we verify our legal content

Montana Expungement Laws: Misdemeanor Eligibility, Process, and Limits (2026)

Montana's Misdemeanor Expungement Clarification Act, codified at Mont. Code Ann. §§ 46-18-1102 through 46-18-1111, gives qualifying residents one lifetime opportunity to permanently remove misdemeanor conviction records from the state criminal history database.

Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.

Jurisdiction scope: This article covers Montana state expungement law. For a national comparison, see Expungement Laws by State.

Who Is Eligible for Expungement in Montana

Under Mont. Code Ann. § 46-18-1104, any person convicted of one or more misdemeanor offenses in Montana may petition a district court for expungement, provided they have never previously obtained an expungement under this part. The petition may cover convictions from multiple courts and multiple cases filed at the same time. Fingerprinting is required to confirm identity before the petition proceeds.

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The statute limits eligibility to Montana misdemeanor convictions. Felony convictions, convictions from out-of-state courts, convictions from Tribal courts, and non-conviction records such as dismissed charges or acquittals are outside the scope of Mont. Code Ann. §§ 46-18-1102 through 46-18-1111. Montana has historically offered no general felony expungement path, and no legislation enacted through the 2026 session has changed that position. Marijuana convictions are not excluded from this part. The Montana Marijuana Regulation and Taxation Act provides its own petition process for conduct that is now lawful under state law, and Mont. Code Ann. § 16-12-113(12) states that petitioning under that section "does not make a person ineligible to petition for misdemeanor expungement pursuant to Title 46, chapter 18, part 11." The two tracks are cumulative rather than mutually exclusive.

The 5-Year Waiting Period and the Presumption Standard

Montana uses a presumption framework rather than an automatic grant. Under Mont. Code Ann. § 46-18-1107, expungement is presumed appropriate when the petitioner satisfies two conditions. First, the petitioner must not be currently detained, charged, or facing pending charges for any offense. Second, the petitioner must show either that five full years have passed since completing all sentencing terms for every offense included in the petition (covering fines, fees, restitution, and any court-ordered treatment) or that the petitioner has applied to or is serving with a U.S. military institution and the prior conviction is blocking service or advancement.

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The prosecution office that handled the original conviction is responsible for verifying that the applicant meets those conditions. Because the standard is a presumption rather than an absolute right, courts may still deny a petition if the interests of public safety require it under Mont. Code Ann. § 46-18-1109.

Offenses Where Expungement Is Not Presumed

Certain misdemeanor categories receive heightened scrutiny under Mont. Code Ann. § 46-18-1108. For petitions involving these offenses, courts must weigh the petitioner's age at the time of the offense, the time elapsed since the offense, evidence of rehabilitation, and risk of reoffending before deciding whether to grant expungement. The non-presumption offenses are:

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An offender with a DUI misdemeanor conviction is not automatically barred from seeking expungement, but the court applies individualized judicial discretion rather than the presumption that applies to routine misdemeanors. The practical effect is that DUI petitions face a higher burden.

The Court Filing Process

Montana's expungement process runs through district court and involves several steps. The petitioner files a petition for expungement of misdemeanor records with the district court in the county where the conviction occurred, which is the proper venue under Mont. Code Ann. § 46-18-1105. The petitioner must serve a copy of the petition on every prosecution office that prosecuted an offense listed in the petition, per Mont. Code Ann. § 46-18-1106.

After receiving the petition, the prosecution office has 14 days to attempt victim notification. Victims who choose to appear at the hearing have the right to address the court. The prosecutor may also present a position on the petition. The hearing operates under a preponderance of the evidence standard, and the formal rules of evidence do not apply, though the court may exclude irrelevant or redundant material under Mont. Code Ann. § 46-18-1109.

Once the court issues an expungement order, the petitioner must send a certified copy to the arresting agency, the prosecutor's office, the sentencing court clerk, and the Montana Department of Justice. The submission to the DOJ must include a completed DOJ expungement form and fingerprints on a standard blue FD-258 card. The DOJ's Criminal Records and Identification Services Section (CRISS) then processes the order and removes the covered records from the statewide Criminal History Record Information System. Processing takes approximately 30 days after receipt.

Effect of an Expungement Order

Under Mont. Code Ann. § 46-18-1103, expungement means the permanent destruction, deletion, or erasure of covered records from the DOJ's criminal history record information system. Section 46-18-1110 further requires all involved agencies: the arresting law enforcement agency, the prosecutor's office, and the court clerk, to permanently seal records of the arrest, investigation, detention, and court proceedings connected to the expunged offense, within their available resources.

The statute defines "record" broadly to include arrest descriptions, complaints, indictments, sentences, correctional status information, releases, and court filings. Fingerprint records and data retained purely for investigative purposes are excluded from the destruction requirement under § 46-18-1103.

The court retains discretion to order expungement of all, some, or none of the offenses listed in the petition under § 46-18-1110. If a petition covers five misdemeanor convictions, the court may grant expungement for three and deny it for two, and the denial still counts as the petitioner's lifetime use of the process. With a single lifetime petition, have a Montana criminal defense lawyer review which convictions to list in a free consultation before you file (attorney advertising).

Non-Conviction Records and Marijuana Convictions

Montana's Part 11 expungement statute applies only to convictions. Arrest records that did not result in conviction, dismissed charges, and acquittals are handled through separate provisions. Mont. Code Ann. § 46-23-510 requires courts to order expungement of records maintained under Montana's sexual and violent offender registration framework whenever such a conviction is finally reversed on appeal.

A deferred imposition of sentence is a separate path that can reach felony records. Under Mont. Code Ann. § 46-18-204, when the deferral period ends and no petition to revoke was filed, the court strikes the guilty plea or verdict for a felony and dismisses the charge, and subsection (2) makes all records and data relating to the charge confidential criminal justice information, publicly accessible only by district court order on a showing of good cause. That is not expungement under Part 11, and the underlying records are not destroyed, but it is the principal record-relief mechanism Montana offers at the felony level.

For marijuana convictions, the Montana Marijuana Regulation and Taxation Act (MMRTA) created a distinct petition process under Mont. Code Ann. § 16-12-113(5). Residents with marijuana convictions for conduct that is now lawful or treated as a civil infraction under state law may petition for expungement or redesignation using MMRTA forms available through the Montana Judicial Branch. The process requires one petition form per conviction and allows the county attorney 21 days to respond. No hearing is required unless the petitioner requests one.

Disclaimer: This article provides general legal information about Montana expungement law as of May 29, 2026. It is not legal advice. Montana expungement law is fact-specific, and outcomes depend on individual conviction history, compliance with sentence terms, and judicial discretion. Consult a licensed Montana attorney before filing a petition.

RecordingLaw.com provides legal information, not legal advice. Laws change; verify current statutes with official Montana government sources before acting.

More Montana Laws

Frequently Asked Questions

How do you expunge your record in Montana?

File a petition for expungement of misdemeanor records with the district court in the county where you were convicted. Serve the petition on the prosecutor's office that handled your case. After the court grants the petition, submit the order along with fingerprints and a completed DOJ form to the Montana Department of Justice CRISS unit. Allow approximately 30 days for DOJ processing.

What does Mont. Code Ann. § 46-18-1103 say about expungement?

Section 46-18-1103 defines 'expungement' as the permanent destruction, deletion, or erasure of a record from the DOJ's criminal history record information system. It also defines 'record' to include arrest descriptions, complaints, indictments, sentences, correctional status, releases, and court filings, while excluding fingerprint records and data retained for investigative purposes.

Can a felony be expunged in Montana?

Not through the Part 11 expungement process. Mont. Code Ann. § 46-18-1104 limits that process to misdemeanor convictions, and Montana has no general felony expungement statute. Other relief can still reach a felony record. Under Mont. Code Ann. § 46-18-204, when a defendant completes a deferred imposition of sentence for a felony and no petition to revoke was filed, the court strikes the guilty plea or verdict and dismisses the charge, and all records and data relating to the charge become confidential criminal justice information that the public may reach only by district court order on a showing of good cause. Felony-level marijuana convictions may also be redesignated or resentenced under the MMRTA (§ 16-12-113(5)).

What is the waiting period for Montana misdemeanor expungement?

Under Mont. Code Ann. § 46-18-1107, expungement is presumed appropriate after 5 years with no new convictions, measured from the date you completed all sentence terms, including fines, restitution, and any court-ordered treatment. Active-duty military personnel or enlistees blocked by the conviction may petition without waiting the full 5 years.

How long does it take to get an expungement in Montana?

Timeline varies. After filing, the prosecutor has 14 days to attempt victim notification, and a court hearing must be scheduled. After the court grants the order, DOJ processing takes approximately 30 days. Total time from petition filing to completed record removal commonly runs 2 to 6 months depending on court scheduling.

Can a DUI be expunged in Montana?

DUI misdemeanor convictions under Title 61, Chapter 8, Part 10, MCA are listed in Mont. Code Ann. § 46-18-1108 as offenses where expungement is not presumed. Courts must evaluate the petitioner's age at the time of the offense, time elapsed, rehabilitation evidence, and risk of reoffending before deciding. DUI expungement is possible but not guaranteed.

How many times can you petition for expungement in Montana?

Only once per lifetime. Mont. Code Ann. § 46-18-1104 explicitly states a person may petition for expungement no more than one time during their life. Even a partial denial, where the court expunges some but not all listed offenses, counts as the single lifetime petition.

What records does a Montana expungement order destroy?

Under §§ 46-18-1103 and 46-18-1110, the DOJ permanently destroys the covered records in its statewide database, and all involved agencies: the arresting law enforcement agency, the prosecutor's office, and the sentencing court clerk, must permanently seal records of the arrest, investigation, detention, and court proceedings. Fingerprint records are retained.

Updates

Corrected the citation range for Montana's Misdemeanor Expungement Clarification Act (§ 46-18-1101 was repealed in 2019), removed the incorrect statement that marijuana misdemeanors are excluded from the Part 11 expungement process, and added Montana's deferred imposition of sentence under § 46-18-204 as felony-level record relief.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Governing law re-checked for recent changes

Reviewed and approved by an editor

Sources and References

  1. Mont. Code Ann. § 46-18-1102 (Short title: Misdemeanor Expungement Clarification Act)(mca.legmt.gov)
  2. Mont. Code Ann. § 46-18-1103 (Definitions)(mca.legmt.gov)
  3. Mont. Code Ann. § 46-18-1104 (Eligibility for misdemeanor expungement)(mca.legmt.gov)
  4. Mont. Code Ann. § 46-18-1106 (Notice)(mca.legmt.gov)
  5. Mont. Code Ann. § 46-18-1107 (When expungement presumed)(mca.legmt.gov)
  6. Mont. Code Ann. § 46-18-1108 (When expungement not presumed)(mca.legmt.gov)
  7. Mont. Code Ann. § 46-18-1109 (Procedure)(mca.legmt.gov)
  8. Mont. Code Ann. § 46-18-1110 (Expungement orders)(mca.legmt.gov)
  9. Mont. Code Ann. § 46-23-510 (Expungement of records on reversal of conviction)(mca.legmt.gov)
  10. Montana DOJ, Conviction Expungement Process(dojmt.gov)
  11. Montana Judicial Branch, Misdemeanor Expungement in Montana(courts.mt.gov)
  12. Montana Judicial Branch, MMRTA Expungement(courts.mt.gov)
  13. Mont. Code Ann. § 46-18-204 (Deferred imposition of sentence: dismissal and confidential criminal justice information)(mca.legmt.gov)
  14. Mont. Code Ann. § 16-12-113 (Marijuana: expungement, resentencing, and effect on Part 11 eligibility)(mca.legmt.gov)
  15. Mont. Code Ann. § 46-18-1105 (Petition: venue and contents)(mca.legmt.gov)
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