Misdemeanor Expungement in Montana

1. Request a copy of your criminal background check from Montana Department of Justice, Division of Criminal Investigation - Criminal Records and Identification Services Section (MT DOJ CRISS). They are the state agency that tracks criminal history information. You can request a copy of your criminal record online, by mail, or in person. Estimated Fee: $10-$30.  

2. Search for your name on the Montana Public Access Portals.

Some misdemeanor convictions may not be listed on the MT DOJ CRISS background check, so it is best to also search the public access portals. Note that there are separate links for District Courts and Courts of Limited Jurisdiction (Justice and Municipal/City Courts). You may want to search each area where you believe you have a conviction.

1. Choose the court from the drop-down menu.
2. Navigate to SEARCHES → Case Searches → By Party.
3. Enter in your last and first name and click “Search.”

A judgment is the document in a criminal case that records your final convictions. You will need this at the end of the process if you receive a successful expungement order.

Contact the clerk of the court where you were convicted to request a copy of your final judgments. There may be a small fee for document requests.

This packet has the forms you need and more detailed instructions for filling them out:

If you need help completing the packet, one of the Self-Help Law Centers may be able to help. They cannot give legal advice, but they can review your forms for completeness and answer questions about the court process. 

1. File the following forms from the Expungement Packet with the District Court Clerk:
   • Petition for Expungement of Misdemeanor Records
   • Certificate of Service
   • Order Expunging Misdemeanor Records and Sealing Record of this Proceeding
   • Statement of Inability to Pay Court Costs and Fees and Order Regarding Statement of Inability to Pay Court Costs
2. Next, make copies of each document with the file-stamp for your records. 

3. Mail or deliver a copy of the file-stamped Petition for Expungement of Misdemeanor Records to each prosecuting agency listed in the Certificate of Service.

   Here is a helpful video on Best Practices for Filing Documents in Montana

The notice will include that the victim has the right to respond to your expungement request. The victim will be informed of any dates scheduled for court hearings.

Note: not all convictions have victims, but some convictions like theft and assault do.

If your expungement petition is contested by the prosecutor’s office or a victim, the court may set a hearing to hear more from you and anyone opposed to the expungement.

At a hearing, you should bring supportive evidence of your rehabilitation and the low likelihood of you reoffending. This may include your own testimony about your life and situation. You can ask supportive people in your life to join you at the hearing and speak in favor of your record being expunged. The usual rules of evidence do not apply, so you are able to bring in things like letters from family, friends, employers, clergy, and sponsors. You could also bring evidence of stable housing, income, and your participation in your community.

The hearing is not about trying to re-litigate the conviction. The court wants you to acknowledge that you were convicted. The hearing is instead about whether the court should clear the conviction from your record given the length of time since the conviction, your rehabilitation, and any possible effect of expunging your record on community safety.

If the court grants your order, take the following steps to ensure your record is sealed and expunged from the criminal history database.

1. Provide a copy of the order to the relevant law enforcement agencies, courts, and county and city attorneys so that they know to seal your criminal file.
2. Fill out the MT DOJ CRISS expungement form, which is available on their website: https://dojmt.gov/dci-home/conviction-expungement-process/. Mail that form, along with the following documents to MT DOJ CRISS, P.O. Box 201403, Helena, MT 59620:
   • Blue Applicant Fingerprint Card (FD-258). These cards are available for free at Montana Department of Justice, Criminal Records & Identification Services (MT DOJ CRISS). There is usually a fee for getting fingerprinted. You can get the fingerprinting done by local law enforcement or a private company.
   • Copies of your original judgments.
   • A copy of the court order expunging your record.
3. MT DOJ CRISS will verify your identity using the fingerprint card and will verify that you have not previously expunged your record.
4. MT DOJ CRISS will then remove your arrest and conviction data from their state criminal history database. They will send you a confirmation letter when they have done so.

Check the Montana Public Access Portals to ensure that courts have complied with the order to seal your cases. If they have, nothing should show up for the cases that were expunged. See Step 1 for a description of how to search the Montana Public Access Portals.