Montana-Record-Relief

There is no statutory authority to seal or expunge adult felony convictions. Expungement is available for multiple misdemeanors, but only once in a person’s lifetime.  Relief is presumed for all but certain serious misdemeanors after a 5-year waiting period; other misdemeanors may also be expunged in the court’s discretion.  Misdemeanors from different counties may be expunged in a single proceeding.  Effective Jan. 1, 2021, a person serving a sentence–or who has completed a sentence–for an marijuana act legalized or punishable by a lesser sentence under the 2020 marijuana initiatives may petition the sentencing court for an expungement, resentencing, and/or redesignation.  Deferred sentencing is available for misdemeanors and first felony offenses, after which charges are dismissed and access to records is limited.  Non-conviction arrest records must be returned to defendant or destroyed.  Youth court and associated law enforcement records are automatically sealed upon defendant’s reaching age 18.