Expungement in Montana
State-specific overview · Criminal Law
Montana allows expungement of most felonies and misdemeanors after a waiting period, with no conviction showing on public records.
How Montana treats Expungement
Montana permits petitioners to expunge criminal convictions under Mont. Code Ann. § 46-18-801 et seq. after a waiting period that varies by offense severity—typically 10 years for felonies and 5 years for misdemeanors from sentencing or release, whichever is later. Once expunged, the conviction is treated as if it never occurred for most purposes, though law enforcement and certain government agencies retain access. The court has discretion to grant expungement if it finds the petitioner has been rehabilitated and expungement serves the interests of justice.
The general definition of Expungement
A legal process that erases or seals a criminal conviction from your record.
Expungement allows you to have a criminal conviction removed from your official record, as if it never happened. Once expunged, you can legally say you were never convicted of that crime in most situations. Not all convictions qualify—eligibility depends on the crime, how much time has passed, and your state's laws. This gives people a fresh start and removes barriers to employment, housing, and other opportunities.
Read the full Expungement entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Montana.