How long you wait to clear a record in Montana
The Montana waiting periods case by case, with a helper that adds the wait to your date.
Checked against official sources: October 25, 2026.
Short answer
Montana law sets a waiting period for each kind of case. The wait starts from a set event.
- Main remedy
- Misdemeanor Expungement
- Waiting periods
- 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
When can I file 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.
Waiting periods: 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
Waiting periods: 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
Waiting periods: 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
In nearby states
- Wyoming: Arrest or dismissed charge, no conviction: At least 180 days must pass after the arrest or after the charges were dismissed, counted from the arrest or the dismissal of the charges
- Idaho: Arrest or summons, never charged: 1 year, counted from date of arrest or summons
- North Dakota: All charges dismissed or acquitted (order on or after August 1, 2025): No waiting period, counted from the order of dismissal or acquittal
Your next steps in Montana
Check your dates
Use the dates on your court papers, not your memory.
Look at the exclusions
Exclusions and new offenses can matter more than the wait.
Prepare your petition
After the wait, the next step is the petition. How to file.
Ask for free help
Free help: Montana Legal Services Association (MLSA) and State Bar of Montana Lawyer Referral.
Where to get free help in Montana
Questions about waiting periods in Montana
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.
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.
Who helps for free in Montana?
Montana Legal Services Association (MLSA) and State Bar of Montana Lawyer Referral.