46-18-1108. When expungement not presumed. (1) Expungement may not be presumed if the person seeking expungement has one or more convictions for assault under 45-5-201, partner or family member assault under 45-5-206, stalking under 45-5-220, sexual assault under 45-5-502, a violation of a protective order under 45-5-626, or driving under the influence of alcohol or drugs, however named, under Title 61, chapter 8, part 10, or any offense that carries a statutorily enhanced penalty as a result of the offender driving under the influence of alcohol or drugs.

Ask a criminal law question, get an answer ASAP!
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Montana Code 46-18-1108

  • 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)In making the determination of whether expungement should be granted, the district court shall consider:

(a)the age of the petitioner at the time the offense was committed;

(b)the length of time between the offense and the request;

(c)the rehabilitation of the petitioner;

(d)the likelihood that the person will reoffend; and

(e)any other factor the court considers relevant.