Montana Code 46-18-1104. Eligibility for misdemeanor expungement
46-18-1104. Eligibility for misdemeanor expungement. (1) A person convicted of one or more misdemeanor offenses, whether in one court or multiple courts and whether in one case or multiple cases, and who has not had the person’s records expunged under this part previously, may petition a district court for an order requiring the expungement of all records of arrest, investigation, and detention, if any, and any court proceedings that may have been held related to the misdemeanor offense or offenses.
Terms Used In Montana Code 46-18-1104
- Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
- expungement: means to permanently destroy, delete, or erase a record of an offense from the criminal history record information system maintained by the department of justice in a manner that is appropriate for the record's physical or electronic form. See Montana Code 46-18-1103
- Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
(2)A person may petition for expungement pursuant to this part no more than one time during the person’s life.
(3)A person submitting a petition for expungement under this part must be fingerprinted for purposes of validating the person’s identity.