How to file to clear a record in Montana

How to ask a Montana court to clear your record, what it costs and which forms to use.

Checked against official sources: October 25, 2026.

Short answer

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.

Main remedy
Misdemeanor Expungement
Cost
The expungement law sets no special fee; the district court clerk charges a filing fee (ask the clerk for the amount).
Forms
4

Filing step by step 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

Checklist: what to gather before you file

Who cannot use these remedies in Montana

  • Misdemeanor Expungement: 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.
  • Dismissal After Deferred Imposition of Sentence: Not available if a petition to revoke the deferred sentence was filed.
  • Marijuana Conviction Expungement, Resentencing or Redesignation (MMRTA): Only conduct that is now legal or punished less under Title 16, chapter 12.

Law: Mont. Code Ann. §§ 46-18-1101 to 46-18-1111; Mont. Code Ann. § 46-18-204; Mont. Code Ann. § 16-12-113

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

In nearby states

  • Wyoming: No filing fee (W.S. 7-13-1401(e)).
  • Idaho: No filing fee for the petition.
  • North Dakota: No filing fee may be charged.

What to do now in Montana

  1. Get your papers ready

    Collect your case numbers, final court papers and proof of payment. Checklist: what to gather before you file.

  3. File with the clerk

    After you file, the prosecutor may respond and the court decides.

Where to get free help in Montana

Questions about filing in Montana

When can I ask to clear my record 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.

What is the filing fee 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.

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.

Who helps for free in Montana?

Montana Legal Services Association (MLSA) and State Bar of Montana Lawyer Referral.

Related Montana pages