Clear your criminal record in Montana. Access official court forms, eligibility requirements, petition guides, and government resources to seal or expunge felonies, misdemeanors, and arrests.
Expunge your criminal past of felonies, misdemeanors, D.U.I convictions and more in the state of Montana. Get information regarding expungements and begin to erase your previous Montana criminal records statewide as well as nationwide. Some records can contain inaccurate or erroneous information that can be amended. Both juvenile and adult cases that can be corrected and begin your search for employment without a tainted past showing.
Follow these steps to begin the expungement process through the Montana court system.
Request a certified copy of your Montana criminal history from the Montana State Police, Bureau of Investigation, or the court clerk where you were convicted. This is the official record you will reference in your petition.
Check whether your conviction is eligible under Montana law. Eligible offense types typically include: Felonies and misdemeanors (non-violent). Cases involving violent crimes, registered sex offenses, or certain DUIs are often excluded. Confirm the required waiting period of 5 years has been fully satisfied.
Download the official Montana expungement petition from the Montana Judiciary website or court clerk's office. Fill in all required case information including case number, conviction date, offense, and sentence completed. Many counties require notarized signatures.
Submit your completed petition to the clerk of the court where you were convicted, along with the required filing fee (approximately ~$100). Keep certified copies for your records. The court may notify the District Attorney or State Police, who have the right to object.
Some Montana courts schedule a hearing — especially if the prosecution objects. Be prepared to present your case. A judge will consider your post-conviction conduct, rehabilitation, and the circumstances of the original offense.
If approved, the court will issue a signed expungement order. Certified copies are sent to law enforcement agencies, the Montana State Police, and the FBI. Request certified copies for your own records and verify that background check services have updated their databases.
Direct links to official Montana government courts, statutes, and legal aid organizations.
Answers to the most common questions about the Montana expungement process.
In Montana, eligibility for expungement generally applies to: Felonies and misdemeanors (non-violent).
You are typically not eligible if you have been convicted of a violent felony, a sex offense requiring registration, crimes against children, or certain weapons offenses. Each case is unique — consult official Montana court resources or a qualified attorney for a definitive eligibility determination.
The typical expungement process in Montana takes 3 to 6 months from the date of filing. Factors that can extend this timeline include:
• Prosecution filing an objection to the petition
• Court backlogs and scheduling delays
• Missing documentation requiring supplemental filings
• Multi-agency notification requirements (State Police, FBI)
Uncontested petitions in some courts may be resolved in as little as 60–90 days.
The required waiting period in Montana is approximately 5 years after completing your sentence (including probation, parole, and any fines).
This period may vary depending on the offense classification. Some states count waiting time from the conviction date; others count from completion of sentence. Confirm the exact period with the Montana court clerk or official state statutes.
The estimated court filing fee in Montana is ~$100. Additional costs may include:
• Attorney fees ($500–$3,000+ depending on complexity)
• Certified copies of court records ($5–$25 per copy)
• Notary fees for petition signatures
• Background check fees to verify the expungement took effect
Some Montana counties offer fee waivers for qualifying low-income petitioners. Contact the court clerk for waiver application information.
Expungement in Montana removes your conviction from most public background checks, but it does not erase all records entirely. The following may still access expunged records:
• Law enforcement and criminal justice agencies
• Certain government licensing boards (law, medicine, education)
• Federal immigration proceedings
• Military enlistment background checks
After expungement, you are generally legally entitled to answer "No" to questions about prior convictions on most private employment applications. However, always consult an attorney about the specific implications for your situation.
Yes — most Montana courts allow juvenile records to be expunged or automatically sealed at a certain age (typically 18 or 21), or upon petition. Juvenile expungements are generally easier to obtain than adult record expungements.
Exceptions include cases where the juvenile was tried as an adult, cases involving violent or serious felonies, and sex offense cases requiring registration. Contact the Montana Juvenile Court directly for your case.
You are not required to hire an attorney in Montana — you may petition the court pro se (representing yourself). Many courts provide self-help packets and instructions for expungement filers.
However, an attorney is strongly recommended if:
• Your case involves multiple convictions
• The prosecutor is likely to object
• Your record includes felony convictions
• You are unsure of your eligibility
Montana Legal Aid organizations often provide free or low-cost assistance to qualifying individuals. See the resources column on this page.