Clearing a criminal record in Montana
In Montana it is called expungement (misdemeanors): Montana expungement means the state Department of Justice permanently destroys or deletes the record from its criminal history system. Some misdemeanor and felony convictions may be cleared.
Checked against official sources: October 25, 2026. · Free letter and checklist ↓
Can my record be cleared in Montana?
Expungement (misdemeanors); dismissal after deferred imposition of sentence — Montana expungement means the state Department of Justice permanently destroys or deletes the record from its criminal history system, and the court, police and prosecutor seal their files. Montana has no general expungement for felony convictions; a completed deferred sentence (felony or misdemeanor) can instead be dismissed, which makes the records confidential.
Montana has 3 ways to clear a record. Each covers different records and has its own waiting period.
Misdemeanor Expungement
All misdemeanor convictions, from one or several cases and courts, in a single petition. Felony convictions are not covered.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Misdemeanor conviction (presumed expungement) | 5 years Expungement is presumed if you have had no new conviction in any state or federal court for 5 years since you completed your sentence, and you have no pending charges. | Completing all sentence terms, including paying fines and finishing court-ordered treatment |
Military academy or enlistment applicant / service member | No waiting period If a conviction is holding you back from a U.S. military academy, enlistment, the National Guard or a military position, expungement is presumed without the 5-year wait. | No waiting period |
Misdemeanor conviction, less than 5 years | See the rule The law does not set a minimum wait to file, but before 5 years the court does not presume expungement; the judge weighs your age at the time, the time passed, rehabilitation and risk of reoffending. | No fixed period |
- Not eligible
- Expungement is not presumed (the judge decides case by case) if you have a conviction for assault, partner or family member assault, stalking, sexual assault, violation of a protective order, DUI, or an offense with a DUI-enhanced penalty. You must not be in custody or have pending charges for the presumption to apply.
- Limits
- Once in a lifetime. You can include all of your misdemeanors in that one petition; the court may expunge all, some or none.
Law: Mont. Code Ann. §§ 46-18-1101 to 46-18-1111
Source: Official text
Dismissal After Deferred Imposition of Sentence
Felony or misdemeanor cases where the judge deferred (postponed) the sentence and you completed the deferral period. Does not apply to suspended sentences.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Felony, deferred sentence completed | See the rule When the deferral period ends and no petition to revoke was filed, the court must strike the guilty plea or verdict and dismiss the charge. | End of the deferral period |
Misdemeanor, deferred sentence completed | See the rule When the deferral period ends, the court may, on your motion, let you withdraw the plea or strike the verdict and dismiss the charge. | End of the deferral period |
- Not eligible
- Not available if a petition to revoke the deferred sentence was filed.
Law: Mont. Code Ann. § 46-18-204
Source: Official text
Marijuana Conviction Expungement, Resentencing or Redesignation (MMRTA)
Convictions for marijuana conduct that is now legal or carries a lesser penalty under the 2021 Marijuana Regulation and Taxation Act, including felonies and juvenile cases.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Marijuana conviction, sentence completed | No waiting period If you finished your sentence, you can ask the sentencing court to expunge the conviction or redesignate it as a misdemeanor or civil infraction. | No waiting period |
- Not eligible
- Only conduct that is now legal or punished less under Title 16, chapter 12.
- Limits
- Using this process does not count against the once-in-a-lifetime misdemeanor expungement.
Law: Mont. Code Ann. § 16-12-113
Source: Official text
When can I file? Waiting periods in Montana
Pick your kind of case and the date the waiting period runs from. We add the waiting period from the law; nothing else.
How to file in Montana
Misdemeanor Expungement
File a petition in the district court of a judicial district where at least one of the misdemeanors was convicted. Serve every prosecutor's office that handled your cases; it must try to notify any victim within 14 days. The court may hold a hearing where the prosecutor and victim can respond. You must be fingerprinted. If granted, you send the order to the police, prosecutor, court clerk and the Department of Justice, and DOJ deletes the record.
Source: with a fingerprint card FD-258 and the DOJ form
- Cost
- The expungement law sets no special fee; the district court clerk charges a filing fee (ask the clerk for the amount). You also pay for your Montana DOJ criminal history check (estimated $10-$30) and usually a fee for fingerprinting (Montana Legal Services Association / Montana Supreme Court packet, 2025).
- If you can't pay
- File a Statement of Inability to Pay Court Costs and Fees with a proposed order (included in the court packet).
Dismissal After Deferred Imposition of Sentence
Ask the clerk of the sentencing court whether the case was already dismissed. If not, file a Motion to Strike Plea or Verdict, Dismiss Charge, and Seal Case in that court. After the order, ask the Montana DOJ to remove the case from your state record. After dismissal the records are confidential criminal justice information, open to the public only by district court order for good cause.
- If you can't pay
- Statement of Inability to Pay Court Costs and Fees.
Marijuana Conviction Expungement, Resentencing or Redesignation (MMRTA)
File Form A (still serving) or Form B (sentence completed) in the court that convicted you, one form per conviction, with your DOJ criminal record and a certificate of service on the county attorney. The court presumes you qualify unless the county attorney shows otherwise (21 days to respond). No hearing unless you ask. If granted, file the DOJ Expungement/Removal Request Form with the order.
- Cost
- Court filing fee and DOJ costs apply; amount set by the court.
- If you can't pay
- Statement of Inability to Pay Court Costs and Fees.
Court self-help
Free help in Montana
National help
Free letter and checklist
Letter: ask for a copy of your own record
A request to the state records office (Montana Department of Justice, Division of Criminal Investigation - Criminal Records and Identification Services Section (CRISS)) with your name, date of birth and mailing address.
Checklist: what to gather before you file
Case numbers, court papers, proof you finished your sentence, forms and fees for Montana.
Clearing a record in Montana by topic
Misdemeanor Expungement in Montana
Which records each remedy covers, who is not eligible and what changes afterwards.
Waiting periods in Montana
How long you wait for each kind of case, and a date helper.
How to file in Montana
The steps, the cost, fee waivers, the forms and court self-help.
Marijuana records in Montana
Under the 2021 Montana Marijuana Regulation and Taxation Act you can petition the sentencing court to expunge, resentence or redesignate a marijuana conviction for conduct that is now legal or less serious. The court presumes you qualify unless the county attorney shows a reasonable basis otherwise; no hearing is required unless you ask.
Law: Mont. Code Ann. § 16-12-113
Juvenile records in Montana
Youth court, law enforcement and department records are physically sealed on your 18th birthday (or when extended jurisdiction ends), except if you did not complete the court's disposition, sex-offender registration cases, traffic records, fingerprints, DNA and photos. Sealed records can be opened only by youth court order for good cause.
Law: Mont. Code Ann. § 41-5-216
Pardons in Montana
- Who decides
- Governor, after application to the Montana Board of Pardons and Parole
- How
- Apply to the Board of Pardons and Parole. A hearing panel investigates and recommends; the governor makes the final decision. A pardon relieves you of all legal consequences of the conviction.
Law: Mont. Code Ann. § 46-23-301
Get your own record in Montana
Montana Department of Justice, Division of Criminal Investigation - Criminal Records and Identification Services Section (CRISS) · (406) 444-3874
Request your own background check online, by mail or in person; estimated fee $10-$30. Some misdemeanors may not appear, so also search the Montana courts public access portals.
Letter: ask the state records office for a copy of your record
Good to know in Montana
- Montana expungement is once in a lifetime, but one petition can cover all of your misdemeanors from different courts.
Law: Mont. Code Ann. § 46-18-1104
- There is no general expungement for felony convictions; felonies can be cleared only by dismissal after a deferred sentence, marijuana relief or a pardon (Montana Law Help).
- A 5-year wait is waived for people blocked from a military academy, enlistment or a military position.
Law: Mont. Code Ann. § 46-18-1107(2)
- If you were released without charges, or your charge did not end in a conviction, the state repository must return your fingerprints and photographs to the arresting agency, which must destroy all copies.
Law: Mont. Code Ann. § 44-5-202(8)
Questions about clearing a record in Montana
What is clearing a record called in Montana?
Expungement (misdemeanors); dismissal after deferred imposition of sentence. Montana expungement means the state Department of Justice permanently destroys or deletes the record from its criminal history system, and the court, police and prosecutor seal their files. Montana has no general expungement for felony convictions; a completed deferred sentence (felony or misdemeanor) can instead be dismissed, which makes the records confidential.
Can convictions be cleared in Montana?
Misdemeanor Expungement: All misdemeanor convictions, from one or several cases and courts, in a single petition. Felony convictions are not covered. Dismissal After Deferred Imposition of Sentence: Felony or misdemeanor cases where the judge deferred (postponed) the sentence and you completed the deferral period. Does not apply to suspended sentences. Marijuana Conviction Expungement, Resentencing or Redesignation (MMRTA): Convictions for marijuana conduct that is now legal or carries a lesser penalty under the 2021 Marijuana Regulation and Taxation Act, including felonies and juvenile cases.
How long do I have to wait in Montana?
Misdemeanor conviction (presumed expungement): 5 years, counted from completing all sentence terms, including paying fines and finishing court-ordered treatment; Military academy or enlistment applicant / service member: No waiting period, counted from no waiting period; Misdemeanor conviction, less than 5 years: The law does not set a minimum wait to file, but before 5 years the court does not presume expungement; the judge weighs your age at the time, the time passed, rehabilitation and risk of reoffending, counted from no fixed period; Felony, deferred sentence completed: When the deferral period ends and no petition to revoke was filed, the court must strike the guilty plea or verdict and dismiss the charge, counted from end of the deferral period.
How much does it cost to clear a record in Montana?
Misdemeanor Expungement: The expungement law sets no special fee; the district court clerk charges a filing fee (ask the clerk for the amount). You also pay for your Montana DOJ criminal history check (estimated $10-$30) and usually a fee for fingerprinting (Montana Legal Services Association / Montana Supreme Court packet, 2025). Marijuana Conviction Expungement, Resentencing or Redesignation (MMRTA): Court filing fee and DOJ costs apply; amount set by the court.
Can a marijuana record be cleared in Montana?
Under the 2021 Montana Marijuana Regulation and Taxation Act you can petition the sentencing court to expunge, resentence or redesignate a marijuana conviction for conduct that is now legal or less serious. The court presumes you qualify unless the county attorney shows a reasonable basis otherwise; no hearing is required unless you ask.
Can juvenile records be cleared in Montana?
Youth court, law enforcement and department records are physically sealed on your 18th birthday (or when extended jurisdiction ends), except if you did not complete the court's disposition, sex-offender registration cases, traffic records, fingerprints, DNA and photos. Sealed records can be opened only by youth court order for good cause.
How do I get a copy of my criminal record in Montana?
Request your own background check online, by mail or in person; estimated fee $10-$30. Some misdemeanors may not appear, so also search the Montana courts public access portals.
Where can I get free help in Montana?
Montana Legal Services Association (MLSA) and State Bar of Montana Lawyer Referral.