On Behalf of Stevenson Law Office | May 22, 2025 | Expungement |

Expungements in Montana can be conditional, depending on the nature of the offense and the statute under which an individual seeks relief. While Montana does provide mechanisms for clearing certain criminal records, not all offenses are eligible for this process, and the process itself is not automatic. 

Montana law allows for expungement primarily through Section 46-18-1101 of the Montana Code Annotated, which permits individuals to petition for the expungement of misdemeanor convictions. However, this relief is subject to several conditions. 

The basics 

First, the individual must wait five years after completing the sentence, including probation and fines, before applying. Second, the person must not have been convicted of any additional offenses—misdemeanors or felonies—during that waiting period. This demonstrates to the court that the individual has remained law-abiding and is taking rehabilitation seriously.

For misdemeanor expungement, Montana courts also consider whether expunging the conviction is in the interest of justice. A judge may weigh factors such as the severity of the original offense, the petitioner’s behavior since the conviction, and any ongoing impact the record may have on employment, housing or education.

Expungement of felony convictions in Montana is more limited. In general, most felonies are not eligible for expungement unless they have been overturned on appeal or the individual has received a pardon from the governor. Some drug-related offenses may qualify under specific circumstances, but each case requires close legal review.

While not all convictions can be erased, for those who qualify, expungement offers a valuable opportunity to move forward without the burden of a public criminal record. As a result, it is generally worth looking into this process, even though the process itself is not always straightforward.