See If Your Convictions Can Be Expunged. Find out in less than 2 minutes:Check My Eligibility
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, new Misdemeanor Expungement Laws exist that allow the erasing of old criminal convictions. The new law provides a legal procedure to not only remove old misdemeanor criminal convictions 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:
- The original court to permanently seal, destroy, delete or erase all records of the offense including all court pleadings and filings;
- The Montana Department of Justice to permanently destroy, delete or erase any criminal record, including in electronic form;
- Any law enforcement agency investigating the matter to seal, destroy, delete or erase all records, notes, photographs and arrest records;
- The prosecuting attorney’s office to seal, 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:
- At least 5 years have passed by since you COMPLETED all aspects of the sentence you want to expunge
- All aspects of the sentence must be successfully completed.
- Some specific crimes, such as DUI and assaults, will be more difficult to expunge than others.
You can also attempt to Expunge ALL misdemeanor convictions on your record, not just 1. 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
Marty is a former criminal prosecutor in the Cascade County Attorney’s Office and now uses that experience to defend those accused of crimes. A University of Montana School of Law graduate, Marty focuses his practice on personal injury and criminal defense and is a premier DUI defense attorney. He is also well versed in the insurance claims industry and has negotiated significant settlements with nearly every major insurance company.