If you are in Missoula, Kalispel, Hamilton, Helena, Butte, or any of the surrounding areas in Montana, have a misdemeanor conviction on your record, and are wondering “how do I get this conviction off my record?”, the answer is expungement. Expungement can provide a fresh start by eliminating the stigma of a criminal conviction and improving your access to employment, housing, and other opportunities.
This page briefly explains the eligibility requirements, process, and cost of misdemeanor expungement in Montana, helping you take the first step toward a clean slate.
Eligibility for Misdemeanor Expungement in Montana
Montana law allows individuals to apply for expungement of misdemeanor convictions under the following conditions:
- One Opportunity:
- Every individual gets one opportunity to expunge misdemeanor convictions from their record.
- Five Years Conviction-Free:
- You must be conviction-free for at least five years after completing all terms of your sentence, including probation, fines, and restitution.
- No Pending Charges:
- You cannot currently be charged with any crime.
- Types of Offenses:
- Some misdemeanor offenses are presumed expungable, while others are not. Those offenses without the presumption, such as DUIs, PFMAs, and other crimes of violence may require a court hearing and additional justification to obtain expungement.
The Expungement Process
Expungement in Montana involves filing a case in state district court and following specific legal procedures. Here’s how it works:
1. File a Petition
- Submit a petition for expungement in the state district court where the conviction occurred. The petition must include details about the conviction and demonstrate your eligibility.
2. Notification to Prosecutors
- The prosecuting office(s) responsible for the misdemeanor offense(s) will be notified and can choose to respond and contest your request.
3. Victim Input
- If there were victims involved in the offense, the prosecutor will contact them. Victims have the right to appear and contest or support the expungement request.
4. Court Decision
- If Uncontested:
- The court may grant your expungement without requiring you to appear.
- If Contested:
- The court may schedule a hearing where you and the prosecutor can present arguments. The court will consider factors such as your rehabilitation and the nature of the offense.
5. Completing the Process
- If your expungement is granted, you (or sometimes the court) will take the court’s order to the following entities, who then destroy your records:
- The arresting law enforcement agency.
- The prosecuting office.
- The clerk of court.
- The Montana Department of Justice.
- The Department of Justice also requires you send in a recent fingerprint card before they will expunge your records.
Cost of Expungement Services
At Murnion Law, I offer transparent, flat-rate pricing for misdemeanor expungement services in Montana. My goal is to make the process as straightforward and affordable as possible:
Uncontested Misdemeanor Expungement:
- $750 for one presumptively uncontested misdemeanor.
- $100 for each additional presumptively uncontested misdemeanor.
Contested Misdemeanor Expungement:
- $2,000 for one presumptively contested misdemeanor.
- $200 for each additional presumptively contested misdemeanor.
These fees cover all aspects of the court process, including filing the petition, serving the prosecutor’s office with the petition, responding to the prosecutor’s arguments, and attending hearings if necessary (does not include the fingerprinting costs that the Department of Justice requires once the order of expungement is obtained).
Why Choose Murnion Law?
I was part of the team that got the misdemeanor expungement bill passed and signed into law in 2017 and further clarified in 2019. This experience gives me a unique perspective into the process.
Now, I am dedicated to helping individuals navigate the expungement process efficiently and effectively. Here’s what I offer:
- Expert Guidance: I’ll ensure your petition is complete and complies with Montana’s expungement laws.
- Advocacy: Whether your case is contested or uncontested, I will advocate for your interests in court.
- Clear Communication: I provide straightforward answers to your questions and keep you informed at every step of the process.
Take the First Step Toward a Clean Slate
Expunging your misdemeanor conviction can open doors to new opportunities and help you move forward with applying for jobs, housing, or military service in confidence. Contact Me today to learn more.
*Disclaimer: this page is for informational purposes only and does not constitute legal advice.