Clearing an Old Marijuana Conviction
MCA 16-12-113 — a conviction for what is now legal, or now punished less, expunged or reduced, presumed unless the county attorney shows otherwise
A person who finished a sentence for an act now permitted, or now punished less, may petition the sentencing court to expunge the conviction or redesignate it as a misdemeanor or civil infraction. The petition is served on the county attorney.
Who handles this in Montana: State Bar of Montana, Licensed Lawyer Montana; and legal aid programs and the state offices, listed in the Montana directory.
- The court presumes the person qualifies unless the county attorney gives a reasonable basis otherwise.
- No hearing is needed unless the person asks for one.
- Someone still serving a sentence may petition for expungement or resentencing, with credit for time served.
A redesignated conviction counts as the lesser offense for all purposes, and using this route does not use up the separate once in a lifetime misdemeanor expungement.
Sources for this section (1)
- MCA 16-12-113 — Decriminalized acts -- petition for expungement or resentencing -- retroactive application
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.