How to Destroy Misdemeanor Criminal Records in Montana



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Do you have questions about expungement laws in Montana? Judnich Law is here to help you understand how to permanently destroy all records of a misdemeanor criminal conviction. Keep reading to learn more!

New Expungement Law in Montana

In Montana, a new law went into effect as of October 1, 2017. The new law provides a legal procedure to not only remove an old misdemeanor criminal conviction from your permanent record but requires the destruction of all investigation and paperwork from the event.

According to the new law, once a correctly filed Petition is received by the District Court in the County of your conviction if granted the court should order:

  1. The original court to permanently destroy, delete or erase all records of the offense including all court pleadings and filings;
  2. The Montana Department of Justice to permanently destroy, delete or erase any criminal record, including in electronic form;
  3. Any law enforcement agency investigating the matter to destroy, delete or erase all records, notes, photographs and arrest records;
  4. The prosecuting attorney’s office to destroy, delete or erase all records, filings, pleadings, sentencing documents, notes etc., in physical or electronic form.

 

Expungement Eligibility in Montana

Any misdemeanor conviction is eligible for expungement. However, some requirements must be met, first. These include:

  1. At least 5 years have passed by since you COMPLETED all aspects of the sentence.
  2. All aspects of the sentence must be successfully completed.
  3. You cannot have been charged with any new offenses since completing your sentence.
  4. Some specific crimes, such as DUI, will be more difficult to expunge than others.

All this said, be aware this process is not a guarantee. The courts do have the ability to deny an expungement petition. For this reason alone, it’s best to hire an experienced attorney to handle your legal pleadings.

 

Need Help Expunging Your Misdemeanor Criminal Record?

If you want to know more about expungement of criminal records in Montana click on the button below to use our expungement eligibility tool. We can help determine your eligibility for expungement and handle all the entire legal process.



See If Your Conviction Can Be Expunged. Find out in less than 2 minutes:



Check My Eligibility