Expunging Misdemeanors
MCA 46-18-1104 — every misdemeanor in one petition, once in a lifetime, presumed after 5 clean years
A person convicted of one or more misdemeanors, in any number of courts or cases, may petition a district court to expunge all the records of arrest, investigation, detention and court proceedings related to them. A person may petition only once in a lifetime, and is fingerprinted to confirm identity.
Who handles this in Montana: State Bar of Montana, Licensed Lawyer Montana and State Law Library Self Help Law Center; and legal aid programs and the state offices, listed in the Montana directory.
Expungement is presumed when the person is not held, charged or facing new charges, and has no conviction for 5 years since finishing the sentence, payments and treatment included. It is also presumed for someone held back from enlisting or serving in the military by the conviction.
Not presumed. It is not presumed for a conviction of assault, partner or family member assault, stalking, sexual assault, a protective order violation, or DUI. The court then weighs the person's age at the time, the time since, rehabilitation and the likelihood of reoffending.
The court decides on a preponderance of the evidence, the rules of evidence do not apply, and the prosecutor and any victim who appears may respond. A presumption for expungement may be overcome when public safety demands it.
Sources for this section (4)
- MCA 46-18-1104 — Eligibility for misdemeanor expungement
- MCA 46-18-1107 — When expungement presumed
- MCA 46-18-1108 — When expungement not presumed
- MCA 46-18-1109 — Procedure
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.