What You Need to Know First
No felony expungement in Montana. Montana's expungement law covers misdemeanor convictions only. There is no general pathway to expunge a standard felony conviction. Certain marijuana-related felonies have a separate pathway under the Montana Marijuana Regulation and Taxation Act (MMRTA, 2021). For all other felonies, a gubernatorial pardon is the only available relief.
One petition can cover ALL your misdemeanors. Montana's expungement law allows a single petition to include every misdemeanor conviction you have ever received. You are limited to one expungement order in your lifetime — but that one order can wipe out your entire misdemeanor history at once. Use it thoughtfully and include everything eligible.
Military exception — no waiting period. If you have applied to a U.S. military academy, are enlisting or have enlisted in the armed forces or national guard, or are currently serving and cannot hold a position because of your conviction, the court may waive the 5-year waiting period entirely. If military service is the reason you need your record cleared quickly, mention this to the court in your petition.
Eligibility — What Can Be Expunged
ELIGIBLE FOR EXPUNGEMENT
- Any misdemeanor conviction(s) — all can be included in one petition
- 5 years passed since completion of sentence, including payment of all LFOs (legal financial obligations) and completion of court-ordered treatment
- No new convictions anywhere in the U.S. during the 5-year period
- Not currently detained, charged, or facing pending charges
- Military applicants/service members — 5-year wait may be waived
- Marijuana convictions/felonies — separate MMRTA pathway
- Drug court completions — eligible for expungement immediately
NOT PRESUMED — HARDER TO EXPUNGE
- Assault (MCA § 45-5-201) — expungement not presumed; court has full discretion
- Partner or family member assault (MCA § 45-5-206)
- Stalking (MCA § 45-5-220)
- Sexual assault (MCA § 45-5-502)
- Violation of a protective order (MCA § 45-5-626)
- DUI / driving under the influence (Title 61, Chapter 8, Part 4)
- Any standard felony conviction — not eligible under § 46-18-1101
"Not presumed" doesn't mean automatic denial. For assault, DUI, stalking, domestic violence, and protective order violations, expungement is not presumed even after 5 years — but it is still possible. The court must consider: your age at the time of the offense, time elapsed, your rehabilitation, and likelihood of reoffending. The prosecution is notified and may argue against the expungement. Come prepared with strong evidence of rehabilitation.
Waiting Period
Military service / enlistment application
Waivable
Drug court completion
Immediate
Standard misdemeanor — presumed expungement
5 years
DUI, assault, PFMA, stalking — not presumed
5 years + discretion
The 5-year clock starts from the completion of all sentence conditions — the last date of probation or supervised release, the date all LFOs (fines, fees, restitution) were paid in full, and the completion of any court-ordered treatment.
Deferred Sentences — Automatic Confidentiality
If your case was resolved through a deferred imposition of sentence (deferred adjudication) under MCA § 46-18-204, and the court later dismissed the charges after successful completion, the record automatically becomes confidential criminal justice information — not publicly accessible — without any petition needed. This is separate from expungement and is one of Montana's strongest automatic protections. Non-conviction records (arrests not resulting in charges, acquittals) are also automatically removed from the public database after July 1, 2017 under MCA § 44-5-202.
Frequently Asked Questions
Can I include multiple misdemeanors in one petition? +
Yes — this is one of Montana's most distinctive features. A single petition can include every misdemeanor conviction you have ever received in Montana. The court may order expungement of all, some, or none of the offenses. Since you only get one lifetime petition, include all eligible misdemeanors at once. If you leave something out and later want to expunge it, you cannot file a second petition.
My conviction is for DUI or domestic violence — can I still apply? +
Yes, but expungement is not presumed for DUI, assault, partner/family member assault, stalking, sexual assault, and protective order violations. This means you can apply but must overcome a higher bar. The prosecution is notified and can argue against it. The court will weigh your age at the time, time elapsed, evidence of rehabilitation, and likelihood of reoffending. An attorney significantly improves your chances for these non-presumed categories. Do not assume denial — Montana courts have granted these petitions when rehabilitation evidence is strong.
My case was dismissed after a deferred sentence — do I need to file for expungement? +
No — if your case was dismissed after a deferred imposition of sentence under MCA § 46-18-204, the record automatically becomes confidential criminal justice information without any petition. You do not need to file for expungement for a successfully completed deferred sentence dismissal. The record is restricted to public access without any action on your part. Contact the Montana DOJ's Criminal Records section to confirm your record's status if you're unsure.
When does the 5-year clock start? +
The 5-year waiting period runs from the completion of all sentence conditions — whichever comes last. This includes the end of probation or supervised release, the date you paid off all legal financial obligations (LFOs) including fines, fees, and restitution, and the completion of any court-ordered treatment. If you still owe fines from a misdemeanor conviction, the clock has not started. Pay off all outstanding LFOs before calculating your eligibility date.
What does Montana expungement actually do to the record? +
When expungement is granted in Montana, the order directs the arresting agency, prosecutor's office, and court clerk to permanently seal all records of the arrest, investigation, detention, and court proceedings. The Montana DOJ removes the record from its public criminal history database. The record is sealed — not destroyed — and certain criminal justice agencies retain access. After expungement, you can treat the matter as if it did not occur for most purposes including employment and housing applications.
Do I need an attorney? +
Not required — Montana Legal Services Association provides free assistance and the Montana Supreme Court provides official forms. For straightforward misdemeanor expungements with the 5-year wait met, many Montanans file successfully on their own. For DUI, domestic violence, assault, or stalking convictions where expungement is not presumed, working with a Montana attorney significantly improves your outcome. The one-lifetime-only rule makes it worth doing correctly the first time.
After Your Record Is Expunged
After expungement, the record is sealed from the public database and all notified agencies. You can treat the offense as if it did not occur for most employment, housing, and licensing purposes.
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Employment and Licensing
Expunged records are removed from the Montana DOJ public database. Background checks using Montana state records will not show expunged convictions. Montana law also limits consideration of criminal records in occupational licensing decisions — a conviction alone cannot disqualify you from most licenses without a rational relationship to the job duties.
For general information about what changes after expungement — visit our After Expungement page.
