🧾 Expungement Laws in Montana
1. Misdemeanor Expungement (Main Law)
Montana does allow expungement, but primarily for misdemeanor convictions only under Title 46, Chapter 18, Part 11 of the Montana Code.
✅ Who qualifies:
- You were convicted of one or more misdemeanors
- You completed your entire sentence (including fines, probation, treatment)
- You have had no new convictions for at least 5 years after completing the sentence
- You have never received an expungement before (only allowed once in your lifetime)
⚠️ Key limits:
- You can only apply once ever
- The court has discretion (it is not automatic)
- You must petition a district court and notify prosecutors and victims
🧠 What it does:
If granted, expungement removes records of:
- Arrest
- Investigation
- Court proceedings
These records are sealed from public view, helping with jobs, housing, etc.
2. Felony Expungement (Very Limited)
Montana generally does NOT allow expungement of felony convictions.
🚫 Exceptions:
- Certain marijuana-related offenses (after legalization reforms) can be:
- Expunged
- Reduced or resentenced
Outside of that, felony expungement is not available.
3. Other Expungement Situations
✔️ Certificate of Innocence
If someone is officially declared innocent:
- The court must expunge the record
- The person is treated as if the crime never occurred
⚖️ Pardons in Montana
Who grants pardons?
Pardons are handled by the Governor of Montana, typically with involvement from the Board of Pardons and Parole.
What a pardon does:
- Forgives the offense
- May restore certain rights
- Does NOT erase or seal the record (unlike expungement)
Key points:
- There is no automatic eligibility timeline set in statute
- Applications go through a formal review process
- Pardons are granted sparingly
🧩 Other Record Relief Options
Even if expungement isn’t available, Montana offers a few alternatives:
• Deferred Imposition of Sentence (DIS)
- If successfully completed, the charge may be dismissed
- Often the closest thing to avoiding a permanent conviction
• Non-conviction records
- Some arrests or dismissed charges may be eligible for sealing or limited relief
🔑 Bottom Line
- ✔️ Misdemeanors: Can be expunged (with strict rules, one-time only)
- ❌ Felonies: Generally cannot be expunged (except some marijuana cases)
- ⚖️ Pardons: Available but rare, and do not erase the record
There is very little information for the state of Montana. They do offer the Executive Clemency. However in this state, to petition for a clemency you must satisfactorily prove that you are innocent of the crime which you have served time for and submit new evidence showing justification for your innocence. There are no time periods in which to petition. The individual cannot apply for a pardon unless the offense has been commuted or discharged. The board will consider the nature of the crime, the judge, the community, and the victim’s comments, or whether the applicant poses a threat to society.