Expungement of Criminal Records in the State of Montana

 

Having a criminal record in Montana can make a lot of things that most people take for granted in their lives quite a bit more difficult, because every time that anyone does a background check on you, they will see your criminal history. This matters in large part because of the kinds of people and organizations that most often do background checks: potential employers and landlords, banks, credit card companies, and professional organizations that offer licenses. As soon as one of these people or agencies sees that you have an arrest on your criminal record, they will be far less likely to accept you as a client, offer you housing, or hire you as an employee.

 

Thankfully, the United States federal government does provide a solution for certain people and under specific circumstances: the legal process of expungement. In layman’s terms, expungement is a way to legally destroy or erase records pertaining to criminal acts. Once a record is granted expungement, no one in the public will be able to view it, and it won’t be accessible for general law enforcement use either. The person with the expunged record will have the legal right to tell people that they were never arrested or convicted of that crime. The only way for anyone to see the records after the court has ordered them to be expunged is if that agency receives a special motion from the court to do so.

 

Montana does not handle expungement in the same way that most other states do. If a person has been convicted of a violent or sexual crime that is later reversed, all records related to the crime can be released from all state government agencies, law enforcement agencies, local government agencies, and even the court. And according to Montana Law 44-6-107, if a conviction reversal is made on a felony offense that is sexual or violent in nature or on any adjudicated juvenile offense of the same caliber, any indexed DNA information will be expunged.

 

If all other requirements are met, eligibility may also be granted to sexual or violent felonies or misdemeanors that have been reversed. Crimes of this nature, including juvenile convictions for sexual or violent crimes that have been adjudicated, may also receive DNA sample expungement. And finally, if impositions have been deferred because of charges being dismissed, these cases may also petition for expungement.

 

How to Expunge Records in Montana

Petitions for expungement do not need to go through a sentencing court under the law of Montana. Rather, Montana Law 46-23-510 says that an expungement of any related criminal records will be ordered by the court if a misdemeanor or felony conviction of a sexual or violent nature has been reversed. It is then up to the county attorney located where the arrest occurred to inform the Department of Justice of the conviction reversal and that they are required by law to destroy any DNA records they have on file.

 

Records related to a case will be closed and completely eliminated in cases where the person in question was found not guilty, where a conviction was dismissed, or where the case has been deemed nolle prossed

 

The same follows for cases where the imposed sentences have been suspended through the court of prosecution. And if an individual is determined to be not guilty by reason of illness or mental defect, all records are required to be closed. The only reason they will be allowed to be accessed in the future is if lawful circumstances require that law enforcement agencies have the ability to do so.

 

How the Montana Felony Statute of Limitations affects expungement

In the state of Montana, there exists a statute of limitations for felony prosecutions. Negligent, deliberate, and mitigated homicide charges have no statute of limitations imposed, but all other felonies must be prosecuted within 5 years. The exception to this law is those cases involving sexual or violent felony convictions where a final reversal has been made. For cases such as there, the sentencing court will automatically order an expunction and notify all relevant agencies.

 

If you would like to get a record expunged, you can hire a Montana attorney to work with you. He or she can ensure that you follow the proper procedures as dictated by laws in order to increase your chance of getting the expungement granted. It can also be helpful to contact the lawyer who worked with you on your initial case.