Montana Expungement Laws: Misdemeanor Eligibility, Process, and Limits (2026)
Montana Expungement Laws: Misdemeanor Eligibility, Process, and Limits (2026)
Montana's Misdemeanor Expungement Clarification Act, codified at Mont. Code Ann. §§ 46-18-1101 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.
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. §§ 46-18-1101 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-related misdemeanors are excluded from this part as well and must instead proceed under the separate MMRTA petition process.
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.
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:
- Assault under Mont. Code Ann. § 45-5-201
- Partner or family member assault under Mont. Code Ann. § 45-5-206
- Stalking under Mont. Code Ann. § 45-5-220
- Sexual assault under Mont. Code Ann. § 45-5-502
- Protective order violations under Mont. Code Ann. § 45-5-626
- Driving under the influence under Title 61, Chapter 8, Part 10, MCA
- Any offense carrying statutory sentencing enhancements for impaired driving
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.
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.
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.
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Sources
The following official Montana government sources were used to verify the information in this article.
- Mont. Code Ann. § 46-18-1102 (Short title: Misdemeanor Expungement Clarification Act), mca.legmt.gov
- Mont. Code Ann. § 46-18-1103 (Definitions), mca.legmt.gov
- Mont. Code Ann. § 46-18-1104 (Eligibility for misdemeanor expungement), mca.legmt.gov
- Mont. Code Ann. § 46-18-1106 (Notice), mca.legmt.gov
- Mont. Code Ann. § 46-18-1107 (When expungement presumed), mca.legmt.gov
- Mont. Code Ann. § 46-18-1108 (When expungement not presumed), mca.legmt.gov
- Mont. Code Ann. § 46-18-1109 (Procedure), mca.legmt.gov
- Mont. Code Ann. § 46-18-1110 (Expungement orders), mca.legmt.gov
- Mont. Code Ann. § 46-23-510 (Expungement of records on reversal of conviction), mca.legmt.gov
- Montana DOJ, Conviction Expungement Process, dojmt.gov
- Montana Judicial Branch, Misdemeanor Expungement in Montana, courts.mt.gov
- Montana Judicial Branch, Montana Marijuana Regulation and Taxation Act (MMRTA) Expungement, courts.mt.gov
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RecordingLaw.com provides legal information, not legal advice. Laws change; verify current statutes with official Montana government sources before acting.