46-18-1101 Mont. Code Ann. (2017)
"The purpose of justice is rehabilitation." HB 168 was designed to help Montanans to "move on with [their lives] and never re-offend again." Sen. Nels Swandal at the 2017 House Judiciary Hearing.
The Montana 2017 Legislature passed HB 168 allowing a person convicted of certain misdemeanor offense(s) in Montana to petition the court for an order expunging all records that were created in their criminal proceedings. Notably, driving related offenses do not qualify for expungement. However, driving under the influence offenses may be expunged, but are discretionary.
Montana’s expungement statute states, in part, that a person may petition the court to expunge “misdemeanor offense or offenses,” and that a person’s records may be expunged “no more than one time during the person’s life.” §46-18-1101(1)(a), (6), Mont. Code Ann. While the plain language of the statute does not exclude a person from bringing forth all of the qualifying misdemeanor offense or offenses in one action, courts and prosecuting agencies have interpreted this provision differently and there is inconsistency in jurisdictions.
Expungement of records includes “all records of arrest, investigation, and detention, if any, and all court proceedings” including records maintained with the Department of Justice (emphasis added) §46-18-1101(1)(a), (6), Mont. Code Ann.
Expungement of criminal misdemeanor(s) is limited to one time during a person's life.
Contact this office to help ensure that you get the process done right.