Expunging a Criminal Record in Montana (2026)
Reviewed by DocDraft Legal Team · Montana · Last updated August 19, 2026
Montana's record-clearing law is narrow and applies only to misdemeanors. Under the Misdemeanor Expungement statute, Mont. Code 46-18-1101 to 46-18-1110 (enacted 2017), a person may petition a Montana district court to expunge one or more misdemeanor convictions after every sentence requirement is fully served. Eligibility generally requires a clean record for 5 years since completing the sentence, no pending charges, and it is a once-in-a-lifetime petition. Felony convictions cannot be expunged under this act, and DUI misdemeanors are treated under special rules with added court scrutiny. The prosecutor may be heard, and expungement is discretionary with the court. The Montana Department of Justice repository updates the record after an order issues.
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What are you trying to clear?
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What record-clearing relief does Montana offer, and what is it called?
Montana calls its relief 'expungement' under Mont. Code 46-18-1101 to 46-18-1110, the Misdemeanor Expungement act enacted in 2017. It is a petition to a Montana district court to expunge one or more misdemeanor convictions. There is no general adult felony expungement, so this relief is misdemeanor-only.
What is the waiting period to expunge a misdemeanor in Montana?
Under Mont. Code 46-18-1104, you must complete all sentence requirements first, then generally maintain a clean record for 5 years since completing the sentence. You cannot have pending charges or be detained for a new offense. It is a once-in-a-lifetime petition covering one or more Montana misdemeanors.
Can you expunge or seal a felony conviction in Montana?
Generally no. Montana's expungement act, Mont. Code 46-18-1101 to 46-18-1110, reaches only misdemeanors, and there is no general adult felony expungement statute. Limited relief for a felony record in Montana comes mainly through a governor's pardon or narrow special provisions, not through this petition process.
Does Montana have automatic 'clean slate' record sealing?
No. Montana has not enacted automatic 'clean slate' sealing. All misdemeanor expungement in Montana is petition-based under Mont. Code 46-18-1101 to 46-18-1110; nothing is cleared automatically. You must file a petition in district court, serve the prosecutor, and obtain a court order for the record to be expunged.
Who is eligible for misdemeanor expungement in Montana?
Under Mont. Code 46-18-1104, a person convicted of one or more misdemeanors who has completed every sentence term, has no pending charges, is not detained for a new offense, and has not previously used this relief may petition. Expungement is a once-in-a-lifetime remedy, and the court decides it at its discretion.
Montana's Misdemeanor-Only Expungement and Its Hard Limits on Felonies
Montana's record-clearing relief is deliberately narrow. The Misdemeanor Expungement act, Mont. Code 46-18-1101 to 46-18-1110, enacted in 2017, lets a person petition a Montana district court to expunge one or more misdemeanor convictions, whether from one court or several and whether from one case or several. Eligibility under 46-18-1104 requires completing every term of the original sentence, generally maintaining a clean record for 5 years since that completion, having no pending charges, and not being detained for a new offense; it may be used only once in a lifetime. The petitioner must serve every prosecutor involved, and the prosecutor may be heard and must attempt to notify any victim of a hearing. DUI misdemeanors are subject to added scrutiny, and the court may deny even an otherwise eligible petition when the interest of justice requires. Critically, felony convictions cannot be expunged under this act, and Montana has no general adult felony expungement statute; relief for a felony record comes mainly through a governor's pardon or narrow special provisions. Montana has no automatic 'clean slate' sealing, so nothing clears without a petition and a court order under 46-18-1110. After an order issues, the Montana Department of Justice repository updates the record.
Relevant Laws
Montana Misdemeanor Expungement Act (Mont. Code 46-18-1101 to 46-18-1110)
Enacted in 2017, this act is Montana's record-clearing law. It lets a person petition a district court to expunge one or more misdemeanor convictions and, on a granted petition, to clear the related arrest, investigation, detention, and court records. It applies to misdemeanors only.
Eligibility for Misdemeanor Expungement (Mont. Code 46-18-1104)
Sets who may petition: a person convicted of one or more misdemeanors who completed every sentence term, generally kept a clean record for 5 years since completion, has no pending charges, and is not detained for a new offense. It is a once-in-a-lifetime petition, with stricter rules for DUI.
No Automatic Relief and No General Felony Expungement in Montana
Montana expungement is petition-only; there is no automatic 'clean slate' sealing, and nothing clears without a court order under Mont. Code 46-18-1110. There is also no general adult felony expungement statute, so felony record relief comes mainly through a governor's pardon or narrow special provisions.
No General Federal Expungement of State Convictions
There is no general federal law to expunge a state conviction; record-clearing is state law. In Montana that means the Misdemeanor Expungement act governs, so a Montana misdemeanor is cleared through a Montana district court petition, not through any federal process.
Regional Variances
Montana Expungement Eligibility Table
Relief type and name
Montana calls its relief 'expungement' under the Misdemeanor Expungement act, Mont. Code 46-18-1101 to 46-18-1110 (enacted 2017). A granted petition expunges the arrest, investigation, detention, and court records of the misdemeanor through a district court order under 46-18-1110. It is petition-based and discretionary with the court.
Eligible offenses and waiting period
Misdemeanors only. Under Mont. Code 46-18-1104, you must complete every sentence term and generally maintain a clean record for 5 years since completion, with no pending charges and no detention for a new offense. One petition can cover multiple misdemeanors across courts and cases, but it may be used only once in a lifetime.
Felony relief (very limited)
Felony convictions cannot be expunged under Mont. Code 46-18-1101 to 46-18-1110, and Montana has no general adult felony expungement statute. Relief for a felony record comes mainly through a governor's pardon or narrow special provisions. Do not assume a felony can be cleared through the misdemeanor expungement petition.
Non-convictions and DUI
Relief for arrests and other non-conviction records is addressed separately from this conviction-expungement act. A misdemeanor DUI may be considered but is subject to stricter rules and added court scrutiny under the act; a felony DUI cannot be expunged. The prosecutor may be heard on any petition.
Excluded offenses and clean-slate status
Felonies are excluded from this expungement act, and DUI misdemeanors face heightened scrutiny. Montana has no automatic 'clean slate' sealing, so nothing is cleared without a filed petition and a district court order. After an order issues, the Montana Department of Justice repository updates the record.
Suggested Compliance Checklist
Confirm your Montana conviction is an eligible misdemeanor
Before you prepare any petition days after startingVerify each conviction you want cleared is a misdemeanor, since Mont. Code 46-18-1101 to 46-18-1110 does not reach felonies. Check that you completed every sentence term, generally kept a clean record for 5 years since completion, have no pending charges, and have not used this once-in-a-lifetime petition before under 46-18-1104.
Obtain your Montana criminal history from the state repository
Before drafting the petition days after startingRequest your Montana criminal history from the Montana Department of Justice repository so you can list every misdemeanor, court, and case number and confirm the sentence-completion dates that start the 5-year clean period. Accurate records prevent an incomplete or defective petition.
Prepare the misdemeanor expungement petition
Before filing days after startingDraft the petition using the Montana Judicial Branch misdemeanor expungement materials, identifying each misdemeanor conviction and the court that entered it, and showing you meet each 46-18-1104 requirement. Include a separate showing for any DUI misdemeanor, which is judged under stricter rules and added scrutiny.
File in a Montana district court and serve the prosecutor
When the petition is complete days after startingFile the petition in the proper Montana district court under Mont. Code 46-18-1101 to 46-18-1110, pay or move to waive the filing fee, and serve a copy on every prosecutor involved. The prosecutor may be heard and must attempt to notify any victim, so allow time for a possible hearing.
Deliver the expungement order to the state repository
After the court grants the petition days after startingIf the district court grants relief, obtain the signed order under Mont. Code 46-18-1110 and provide it to the Montana Department of Justice repository and any agency holding the records so they are expunged. Keep certified copies. An attorney can help if a prosecutor objects or the record is not fully updated.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm your Montana conviction is an eligible misdemeanor | Verify each conviction you want cleared is a misdemeanor, since Mont. Code 46-18-1101 to 46-18-1110 does not reach felonies. Check that you completed every sentence term, generally kept a clean record for 5 years since completion, have no pending charges, and have not used this once-in-a-lifetime petition before under 46-18-1104. | - | Before you prepare any petition |
| Obtain your Montana criminal history from the state repository | Request your Montana criminal history from the Montana Department of Justice repository so you can list every misdemeanor, court, and case number and confirm the sentence-completion dates that start the 5-year clean period. Accurate records prevent an incomplete or defective petition. | - | Before drafting the petition |
| Prepare the misdemeanor expungement petition | Draft the petition using the Montana Judicial Branch misdemeanor expungement materials, identifying each misdemeanor conviction and the court that entered it, and showing you meet each 46-18-1104 requirement. Include a separate showing for any DUI misdemeanor, which is judged under stricter rules and added scrutiny. | - | Before filing |
| File in a Montana district court and serve the prosecutor | File the petition in the proper Montana district court under Mont. Code 46-18-1101 to 46-18-1110, pay or move to waive the filing fee, and serve a copy on every prosecutor involved. The prosecutor may be heard and must attempt to notify any victim, so allow time for a possible hearing. | - | When the petition is complete |
| Deliver the expungement order to the state repository | If the district court grants relief, obtain the signed order under Mont. Code 46-18-1110 and provide it to the Montana Department of Justice repository and any agency holding the records so they are expunged. Keep certified copies. An attorney can help if a prosecutor objects or the record is not fully updated. | - | After the court grants the petition |
Frequently Asked Questions
You pay the standard Montana district court civil filing fee to open the petition, and one petition can cover multiple misdemeanors from different courts and cases. If you cannot afford the fee, you can ask the district court to waive it by filing a request to proceed without paying. Confirm the current fee amount with the court clerk before filing.
There is no fixed statutory deadline. After you file the petition in a Montana district court and serve every prosecutor, the prosecutor may respond and the court may set a hearing, so timelines vary by court and by whether a prosecutor objects. Plan for at least several weeks to a few months from filing to a final order under Mont. Code 46-18-1110.
Expungement under Mont. Code 46-18-1110 is meant to clear the arrest, investigation, detention, and court records of the misdemeanor. Even so, expungement is not always a complete erasure everywhere, and some entities such as law enforcement, licensing authorities, or immigration officials may retain or access records in limited circumstances. An attorney can help you confirm the effect on your specific situation.
A misdemeanor DUI may be considered under Montana's expungement act, but it is treated under stricter rules than other misdemeanors, and the district court applies added scrutiny before granting relief. A felony DUI cannot be expunged, because the act reaches only misdemeanors. Because DUI eligibility is narrow, an attorney can help you assess whether your DUI qualifies.
Once a Montana district court expunges a misdemeanor under Mont. Code 46-18-1110, the goal is to clear the related records so the conviction no longer appears in a standard records check. Because expungement is not a universal erasure, and some agencies may still access records, an attorney can advise you on exactly how to answer specific application or licensing questions.
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