Misdemeanor Expungement in Montana: which records can be cleared
Which records Montana lets you clear, who is not eligible and what changes after the court says yes.
Checked against official sources: October 25, 2026.
Short answer
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.
- Main remedy
- Misdemeanor Expungement
- What it covers
- All misdemeanor convictions, from one or several cases and courts, in a single petition. Felony convictions are not covered.
- Ways to clear a record
- 3
What each remedy covers 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
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
In nearby states
- Wyoming: Expungement
- Idaho: Expungement (non-conviction records), shielding from disclosure, and dismissal or reduction under I.C. § 19-2604
- North Dakota: Sealing (petition to seal a criminal record); closing nonconviction records
- South Dakota: Expungement (of arrest records); sealing after suspended imposition of sentence
What to do now in Montana
Start with your record
Get a copy of your record so you know each case and how it ended. Montana courts: Misdemeanor Expungement in Montana and Montana courts: Marijuana (MMRTA) expungement and resentencing.
Count the waiting period
The law sets a wait for each kind of case. Waiting periods.
File with the court
The court decides each request. How to file.
Talk to legal aid
Free help: Montana Legal Services Association (MLSA) and State Bar of Montana Lawyer Referral.
Where to get free help in Montana
Questions about clearing a record in Montana
What does Montana call expungement?
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 I clear a conviction 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.
What about marijuana convictions 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.
What happens to 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.