Montana Code 46-24-219. Application to expunge record — identity theft passport required — notice — fee waiver — rules
46-24-219. Application to expunge record — identity theft passport required — notice — fee waiver — rules. (1) A victim of identity theft, as described in 45-6-332, may apply to a district court to expunge from the victim’s record any records or entries relating to a charge or conviction in which another person used personal identifying information of the victim to commit an offense or violation, including records or entries relating to a charge or conviction that was dismissed or set aside.
Terms Used In Montana Code 46-24-219
- Charge: means a written statement that accuses a person of the commission of an offense, that is presented to a court, and that is contained in a complaint, information, or indictment. See Montana Code 46-1-202
- Conviction: A judgement of guilt against a criminal defendant.
- Conviction: means a judgment or sentence entered upon a guilty or nolo contendere plea or upon a verdict or finding of guilty rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury. See Montana Code 46-1-202
- Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
- 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 victim who applies to have a record expunged shall provide to the court an identity theft passport as provided under 46-24-220 and other documents or information necessary to establish that the charge or conviction referred to in subsection (1) was the result of a person using the personal identifying information of the victim to commit the offense or violation.
(3)After granting the expungement, the court shall forward a copy of the expungement order to the department of justice. Upon receipt of the court order, the department shall expunge the pertinent records.
(4)Notwithstanding any other provision of law, a victim seeking expungement under this section may not be charged a fee by the court.
(5)The department of justice may adopt rules to implement procedures regarding law enforcement agency procedures for handling the expunged records.