Montana's current state data is narrower than many summaries suggest. The main expungement path modeled in repo data is a misdemeanor-only route with a5-year waiting period and a one-time-use limit. If your record is not a misdemeanor, or if you are not sure whether the current court materials match the record you have, check the statute and the local filing instructions before you rely on an older summary.
This guide explains how the law works in general terms. Whether you qualify depends on your specific record, and a judge makes the final call. If your situation is complicated — multiple convictions, charges in multiple states, or a previous denial — consulting a lawyer who handles expungement is worth the cost of a consultation.
What makes Montana's 2019 law different
Before 2019, Montana had a very limited expungement law — primarily covering only certain misdemeanor offenses. The 2019 reform changed that dramatically. Here is what makes the current law stand out:
- Misdemeanor-only expungement path — current state data models a misdemeanor route, not a broad felony path
- One-time use limit — the current state data says you may expunge only one offense per lifetime
- Five-year waiting period applies to the misdemeanor path in current state data
- Arrest-only cases may have a separate path — check the current record type before you file
- Filing instructions can vary by court — confirm the current venue and fee rules before you file
Who qualifies — and who does not
Montana's eligibility is broad, but not unlimited. The law specifically excludes certain serious offenses regardless of time passed or conduct since conviction.
- All felony convictions
- Sexual offenses
- Crimes against children
- Domestic violence offenses
- DUI / driving under the influence
- Stalking
- Violation of protective orders
- Second or subsequent misdemeanor under the one-time-use rule
Montana's current repo data is narrow. If your record is not clearly a misdemeanor or a no-conviction arrest, confirm the exact offense and current court instructions before you file.
The 5-year waiting period — and how to prepare a complete filing
Montana's current state data measures the misdemeanor waiting period from sentence completion. For arrest-only records, the timing is case-specific, so use the current court instructions rather than an older chart.
The clock starts on the date shown below — not your arrest date.
Clock starts: Completion
Montana currently models this as a misdemeanor-only expungement path with a one-time-use limit.
Other conviction records
Clock starts: Case-specific
The current state data does not model a general felony-expungement timeline here.
Arrests with no conviction
Clock starts: Disposition
This path is case-specific in the current state data and does not have a fixed waiting period.
Records needing separate review
Clock starts: N/A
If your record does not fit the misdemeanor or arrest path in current state data, confirm the current court instructions before filing.
The filing process — how to prepare a complete petition
Montana's current state data is narrow enough that careful offense-by-offense review matters before you file.
The advantage is simpler than a broad multi-record system: if your case fits the current misdemeanor path or the arrest-only path, you can focus on the specific record you are trying to clear rather than guessing at an older summary.
The consideration: be thorough. Match the current offense type, the waiting period, and the filing instructions before you submit anything.
- Get your complete Montana criminal history from the Department of Justice
- List every conviction you want included — do not leave any out
- Get court records from each county where you have a conviction
- Confirm sentence completion dates for each conviction
- Confirm all fines, fees, and restitution are paid for each conviction
- If you have convictions in both Montana and other states, note that this petition covers only Montana records
Montana's current guidance is offense-specific. If you are unsure whether a specific conviction is eligible, confirm it against the current court instructions before you file.
What expungement does in Montana
When Montana grants expungement, the effect is significant:
- The conviction is removed from public criminal history records
- You may answer "no" on most employment and housing applications that ask about prior convictions — Montana law permits this after expungement
- The Montana Department of Justice Criminal Records Bureau updates the state criminal history within 30 days of the order
- Each law enforcement agency listed in the petition is notified and required to update their records
What Montana expungement does not cover
- Federal records — the FBI national database is separate from Montana state records and is not affected
- Federal employment — many federal positions require disclosure and may access records through federal channels
- Federal firearms rights — Montana expungement does not automatically restore federal gun rights for felony convictions; a separate federal process applies
- Immigration consequences — expungement does not eliminate federal immigration consequences of criminal convictions
- Out-of-state records — a Montana expungement only covers Montana convictions; convictions in other states require separate action in those states
- Private background check companies — send a certified copy of the order; these companies may not update automatically
For most employment, housing, and licensing purposes within Montana, expungement removes the practical barriers that a criminal record creates. For federal purposes and out-of-state records, additional steps may be needed.
The filing process, step by step
Montana expungement petitions are filed in the district court of your county of residence is not stated in the current repo data, so confirm the current filing instructions before you treat venue as settled.
How to file for expungement in Montana
Get your Montana criminal history
1–2 weeks • $10Pull court records for all convictions
1–2 weeks • Varies — typically $0.50–$1 per page, per courtConfirm all financial obligations are paid
Before filing • Depends on what is owedComplete the expungement petition
2–4 hours • Free (attorney fees if you hire help)File the petition in district court
1–2 hours • Varies by district courtDA notification period
30 days • FreeHearing — if required
30–90 minutes • Free (attorney fees if you hire one)Order is granted — agencies notified
30 days after order • FreeNot legal advice. This guide explains how the law generally works. Your situation may be different. A lawyer who specializes in expungement can tell you how the law applies to your specific case.
Fees and fee waivers
Filing fees in Montana vary by district court, and the current state data does not give a single fixed amount. Ask the clerk for the current fee and fee-waiver process before you file.
If your record spans more than one case or county, confirm whether the current court instructions require separate filings or additional notice.
Free legal help in Montana
- Montana Legal Services Association — free civil legal help statewide: montanalegalservices.org or 1-800-666-6899
- Montana Innocence Project — serves people with wrongful conviction issues: montanainnocenceproject.org
- State Bar of Montana Lawyer Referral Service: montanabar.org — reduced-fee consultations
- Montana Courts self-help center: courts.mt.gov/selfhelp — forms and instructions for self-represented filers
- University of Montana School of Law — may have clinics that assist with expungement petitions
- Montana Legal Resources: montanalegalresources.com — online legal information and resources
Montana Legal Services Association serves all of Montana. If your record is not a simple misdemeanor or arrest-only case, legal aid can help you confirm the current filing path.
Out-of-state convictions — a note
Montana's expungement law covers Montana convictions only. If you have convictions from other states, those records are not affected by a Montana expungement petition. You would need to pursue expungement or sealing in each state where the conviction occurred, under that state's laws.
This is worth knowing upfront. If a background check company is reporting convictions from multiple states, a Montana expungement will clear the Montana entries but the out-of-state entries will remain. Know your full record before you file so you can plan accordingly.
Montana's law in national context
Most expungement guides describe the limitations. Montana's law is worth understanding in context because it is genuinely more generous than the national norm. Many states limit expungement to one or two offenses, exclude any violent offense, and require 10-year or longer waiting periods even for misdemeanors.
Montana's 2019 reform came from a recognition that permanent, unresolvable records undermine rehabilitation and public safety. People who cannot find housing or employment are more likely to reoffend. The legislature chose a different path. If you are a Montana resident, that choice creates a real opportunity for you — one that does not exist in most states.
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