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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.

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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.
  • MCA 16-12-113

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.

  • MCA 16-12-113
Sources for this section (1)
  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.

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