Clearing a criminal record in Montana: what to do
Checked against official sources: Oct 25, 2026
In Montana:
- What it's called and what it does
- In Montana it is called expungement (misdemeanors): Montana expungement means the state Department of Justice permanently destroys or deletes the record from its criminal history system.
- Waiting periods
- Misdemeanor conviction (presumed expungement): 5 years, counted from completing all sentence terms, including paying fines and finishing court-ordered treatment; Military academy or enlistment…
- Do this now
- Get a copy of your own criminal record and the court papers for each case.
Every state has its own way to clear some criminal records, its own name for it (such as expungement, sealing, set-aside or annulment), its own list of records that may qualify and waiting periods counted from a date its law sets; some states also clear some records automatically. A cleared record may still be seen by some agencies, such as licensing boards or immigration, and state laws don't apply to a federal conviction.
More about this
Whether your own record qualifies depends on the details of each case.
General legal information, not legal advice. RobinClaim is not a law firm.
Build your plan
Choose your state and answer 3 quick questions. The plan below changes as you answer: steps that don't fit your answers are hidden, and your state's deadlines appear. Your answers stay in the page address.
Your plan for Montana
Do now
Get a copy of your own criminal record and the court papers for each case.
Why: You need each arrest, charge and how it ended to see which of your state's remedies fits. Record Clear Map's free letter asks your state's records office for a copy.
Look up what your state calls clearing a record and which records may qualify.
Montana: In Montana it is called expungement (misdemeanors): Montana expungement means the state Department of Justice permanently destroys or deletes the record from its…
Why: Each state has its own remedies, its own list of records that may qualify and its own exclusions.
If the case was in federal court, know that state record-clearing laws don't apply to it.
Why: Federal law has no general way to expunge or seal a federal conviction; the main relief is a presidential pardon, which you apply for with the Office of the Pardon Attorney.
If you are not a U.S. citizen, talk to an immigration lawyer or accredited representative before you rely on a state order.
Why: A state expungement or a dismissal under a rehabilitation law may not remove a conviction for federal immigration purposes.
Nothing extra here for your answers.
This week
Check your state's waiting period for your kind of case, and the date it is counted from.
Waiting periods
Montana: Misdemeanor conviction (presumed expungement): 5 years, counted from completing all sentence terms, including paying fines and finishing court-ordered treatment…
Why: The law sets a waiting period for each kind of case, often counted from the end of the case or the end of the sentence.
Check whether your state clears some records automatically.
Why: Some states clear some records without a petition (Clean Slate and similar laws), usually only some records and after a waiting period; in others a record is cleared only when you ask.
Get free help from legal aid to check whether your record qualifies.
Why: Exclusions and new offenses can matter as much as the waiting period. We explain the rules; we can't check your case.
Nothing extra here for your answers.
If it's not resolved
File the petition or application with your state's official forms, and pay the fee or ask about a fee waiver.
Why: Most remedies start with a request to the court that handled the case, and the court decides each request.
After a record is cleared, keep a copy of the order and check that background check reports were updated.
Why: If a background check company still reports a sealed or expunged record, you can dispute it and send a copy of the court order with your dispute.
Nothing extra here for your answers.
Deadlines
What it's called and what it does
General rule: see state
In Montana:
In Montana it is called expungement (misdemeanors): Montana expungement means the state Department of Justice permanently destroys or deletes the record from its criminal history system. Some misdemeanor and felony convictions may be cleared.
Law: Mont. Code Ann. §§ 46-18-1101 to 46-18-1111 · checked Oct 2026 · Official source
Waiting periods
General rule: see state
In Montana:
Misdemeanor conviction (presumed expungement): 5 years, counted from completing all sentence terms, including paying fines and finishing court-ordered treatment; Military academy or enlistment applicant / service member: No waiting period, counted from no waiting period; Misdemeanor conviction, less than 5 years: The law does not set a minimum wait to file, but before 5 years the court does not presume expungement; the judge weighs your age at the time, the time passed, rehabilitation and risk of reoffending, counted from no fixed period; Marijuana conviction, sentence completed: No waiting period, counted from no waiting period; Felony, deferred sentence completed: When the deferral period ends and no petition to revoke was filed, the court must strike the guilty plea or verdict and dismiss the charge, counted from end of the deferral period
Law: Mont. Code Ann. §§ 46-18-1101 to 46-18-1111 · checked Oct 2026 · Official source
Automatic clearing (Clean Slate)
General rule: see state
Check your state. We don't have a checked value for Montana here. Check the official source before you rely on a date:
Record Clear Map's Montana page lists every remedy and its rules; check there or with legal aid.
Filing fee
General rule: see state
In Montana:
Misdemeanor Expungement: The expungement law sets no special fee; the district court clerk charges a filing fee (ask the clerk for the amount). You also pay for your Montana DOJ criminal history check (estimated $10-$30) and usually a fee for fingerprinting (Montana Legal Services Association / Montana Supreme Court packet, 2025).
Law: Mont. Code Ann. §§ 46-18-1101 to 46-18-1111 · checked Oct 2026 · Official source
Key facts for Montana
Record Clear Map
- What it's called
- Expungement (misdemeanors)
- Convictions
- Some misdemeanor and felony convictions may be cleared.
- Example waiting period
- Misdemeanor conviction (presumed expungement): 5 years, counted from completing all sentence terms, including paying fines and finishing court-ordered treatment
- Filing fee
- The expungement law sets no special fee; the district court clerk charges a filing fee (ask the clerk for the amount).
Record Clear Map: Montana · checked Oct 2026
Documents to gather
- A copy of your own state record (and your FBI record if you were arrested in more than one state)
- Court papers showing how each case ended, with the case numbers
- Proof that you finished your sentence, probation or payments
- Your state's official forms
Where to go
- StateRecord Clear Map: your state's rules, forms and free help
To see which remedy fits each case and how to file
Record Clear Map: Montana
- StateYour state's criminal records office
To get a copy of your own state record
Check your state.
- FederalLegal aid (Legal Services Corporation finder)
You want free legal help to check whether your record qualifies
Costs
Fees depend on the state and the remedy: some states charge nothing, others charge a court filing fee and agency processing fees, and some allow a fee waiver. Your state's fee is shown in your plan. Record Clear Map's waiting-period helper, letter and checklist are free.
Talk to a lawyer if
- You are not a U.S. citizen
- You have an open case, or are still on probation or parole
- The case was in federal court or in more than one state
- The offense may be on your state's excluded list, such as some violent or sex offenses
- Your request was denied
Free help
Free civil legal aid for people with low income: find your local program through LawHelp.org (lawhelp.org) or the Legal Services Corporation (lsc.gov/about-lsc/what-legal-aid/i-need-legal-help). Record Clear Map lists free legal help for each state. Court clerks can't give legal advice.
Guides for your state
Guides for every state
Questions
What it's called and what it does in Montana: what is the rule?
In Montana it is called expungement (misdemeanors): Montana expungement means the state Department of Justice permanently destroys or deletes the record from its criminal history system. Some misdemeanor and felony convictions may be cleared. (Mont. Code Ann. §§ 46-18-1101 to 46-18-1111)
Waiting periods in Montana: what is the rule?
Misdemeanor conviction (presumed expungement): 5 years, counted from completing all sentence terms, including paying fines and finishing court-ordered treatment; Military academy or enlistment applicant / service member: No waiting period, counted from no waiting period; Misdemeanor conviction, less than 5 years: The law does not set a minimum wait to file, but before 5 years the court does not presume expungement; the judge weighs your age at the time, the time passed, rehabilitation and risk of reoffending, counted from no fixed period; Marijuana conviction, sentence completed: No waiting period, counted from no waiting period; Felony, deferred sentence completed: When the deferral period ends and no petition to revoke was filed, the court must strike the guilty plea or verdict and dismiss the charge, counted from end of the deferral period (Mont. Code Ann. §§ 46-18-1101 to 46-18-1111)
Filing fee in Montana: what is the rule?
Misdemeanor Expungement: The expungement law sets no special fee; the district court clerk charges a filing fee (ask the clerk for the amount). You also pay for your Montana DOJ criminal history check (estimated $10-$30) and usually a fee for fingerprinting (Montana Legal Services Association / Montana Supreme Court packet, 2025). (Mont. Code Ann. §§ 46-18-1101 to 46-18-1111)
When should I talk to a lawyer?
You are not a U.S. citizen; You have an open case, or are still on probation or parole; The case was in federal court or in more than one state; The offense may be on your state's excluded list, such as some violent or sex offenses; Your request was denied.
How much does it cost?
Fees depend on the state and the remedy: some states charge nothing, others charge a court filing fee and agency processing fees, and some allow a fee waiver. Your state's fee is shown in your plan. Record Clear Map's waiting-period helper, letter and checklist are free.
Plans by state
Open the plan with one state's rules filled in:
Sources
- 15 U.S.C. 1681c (what background check reports can include)
- 15 U.S.C. 1681i (disputes)
- 8 U.S.C. 1101(a)(48)(A); Matter of Roldan-Santoyo (immigration effect of state relief)
- Legal Services Corporation: find legal aid
- DOJ Office of the Pardon Attorney: frequently asked questions
Plan checked Oct 2026. Independently fact-checked 2026-10-25.
This plan is general legal information, not legal advice. RobinClaim is not a law firm. Laws and deadlines change and have exceptions: check with the official source or a lawyer or legal aid office about your own case. How we research.