How to expunge a criminal record

A criminal record can be something that lurks around like a big dark cloud. But the good news is, that storm can pass with Montana’s Laws allowing for expungement of a criminal record. You know the story - you went to that party in college and it got busted. You were given an MIP ticket, paid your fine, and went about your life. Nothing to worry about right? But then, you grew up, got a real job, and they pulled your record. That MIP from when you were 18 years old suddenly becomes a big deal. Let’s think about this another way: You got in a bar fight that one time 15 years ago. You paid your fines, served your night in jail, and moved on. But then you applied for a Concealed Weapons Permit, and the application asked about your criminal history. Even the most minor criminal conviction can affect you for the rest of your life. 

So what do you need to do to protect your criminal record? In 2017, Montana created a route to get your criminal record expunged. Montana Code Annotated 46-18-11 outlines the procedure for expungement of a criminal record in Montana. The process is fairly straight forward, but you may find you need legal representation to assist you with the process. 

Depending on the type of crime you are attempting to expunge, the general process requires these steps:

1. File a petition with the district court where the conviction occurred. The petition will request the court to expunge the records of arrest, investigation and detention, and any court proceedings that may have been held. 
2. Depending on the crime, expungement could be presumed. If you have not been convicted of any offense for 5 years, have completed all you court requirements, and the prosecutor is in agreement, the expungement is likely presumed.
3. Some crimes will not be presumed, and the process requires a bit more procedure. If you have been convicted of Assault, Partner Family Member Assault, Stalking, Sexual Assault, or DUI (and potentially others), the court must consider certain factors before making a determination on expungement. 
4. No matter the situation, every petition must be served on the County Attorney’s office where the offense was committed. If there is a victim, the County Attorney has a duty to notify the victim. It’s always good to reach out to the County Attorney before filing the petition, so you know the position and can relay that information to the Court.
5. Finally, if the Judge grants your request, you must file a form with the Department of Justice to finalize the process of getting your record cleared. This form must be filed with a new fingerprint card. The form can be found here: https://media.dojmt.gov/wp-content/uploads/ExpungementRequestForm.pdf.

Your Criminal Record is important, and should be treated that way. If you find yourself with a black cloud lurking over your shoulder, and you’d like to get it taken care of, consider petitioning for expungement of your criminal record. This is one of the best investments you can make in your future. 

-Jill