The State of Montana has officially adopted rules and a procedure by which a person convicted of a felony-level marijuana crime in Montana may petition a district court to either expunge or redesignate an existing felony conviction into a lesser sentence. This means that in some cases a person can erase their felony conviction from their record. Erasing a felony conviction could mean:
- Restoration of rights
- Ability to vote
- Ability to possess firearms
- Ability to hunt with firearms
- Removal of “felon” designation
- Housing opportunities
- Employment opportunities
What you need to know
In Montana, prior felony-level marijuana convictions can be redesignated from felony convictions to either misdemeanors or even simple civil infractions that don’t affect your criminal record at all. Misdemeanor marijuana convictions can either be expunged from a record or amended to simple civil infractions.
How the prior conviction is amended by the Court to a new designated level of infraction can be critically important when determining what civil rights are restored to the person under the Federal interpretation of a State Felony conviction under these circumstances.
What you can do
For these reasons, it is important to consider investing in an experienced attorney in these matters to ensure your petition is done correctly the first time. The attorneys at the Judnich Law Office have significant experience with the expungement process and can help you navigate these complicated legal waters to ensure you achieve the result you desire.
About the process
The legal process of redesignation is fairly simple—if you are familiar with the legal system. However, if a person attempts to file such a petition on their own and does not do it correctly, that mistake could lead to significantly more time and money spent on correcting the error than doing it right the first time.
If you make a mistake and the court denies your petition for any reason, you would have to invest in an attorney and spend way more time and money on a formal appeal to the Montana Supreme Court to fix any errors made. Not only are appeals not a good way to correct these mistakes, but they are also often denied for a variety of motives. For this simple reason alone, it is highly recommended to hire an experienced attorney to assist you with this life-changing legal opportunity.
Long story short, it is possible to redesignate or even seal felony-level marijuana convictions to misdemeanor convictions or less. People that have been convicted felons for marijuana crimes can now get an opportunity to restore their civil rights and lose the stigma of being a convicted felon. Doing it correctly and with the assistance of an experienced lawyer, such as the attorneys at the Judnich Law Office, is an investment into your future that could reap significant rewards.
Contact us for a free consultation to discuss this procedure or submit your information on our contact form and we will email you back.
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.