LC 577 Legislature · 2025 Regular Session

Revise expungement laws to allow for certain nonviolent felony records

This bill expands Montana's criminal record expungement laws to include certain nonviolent felony offenses, allowing individuals with such convictions to petition for the permanent removal of their criminal records. It defines expungement as the permanent destruction or erasure of arrest and court records, while excluding violent offenses and certain serious crimes like assault, stalking, and driving under the influence. Under the new provisions, people convicted of nonviolent felonies may request expungement after a 10-year waiting period without new charges, whereas misdemeanor expungement requires a 5-year wait. The bill also establishes that expungement is presumed if the petitioner has no pending charges and meets the waiting period requirements, though courts retain discretion to deny requests based on factors like rehabilitation and likelihood of reoffending.
Bill status introduced 1 of 4 stages cleared
Introduction
Oct 2024
Committee Review
Floor Vote
Governor
Introduced Oct 21, 2024 Last action Feb 25, 2025
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