IN THE DISTRICT COURT OF THE ___ JUDICIAL DISTRICT

OF THE STATE OF MONTANA, IN AND FOR THE COUNTY OF [COUNTY NAME]

PETITION FOR EXPUNGEMENT OF CRIMINAL RECORD

(Pursuant to Mont. Code Ann. § 46-18-1101 et seq.)

[// GUIDANCE: Tailor the caption to local clerk requirements. Many Montana districts adopt slightly different caption formats.]

TABLE OF CONTENTS

1. Document Header ……………………………………… I
2. Definitions …………………………………………… II
3. Operative Provisions ……………………………… III
4. Representations & Warranties ……………… IV
5. Covenants & Restrictions …………………… V
6. Default & Remedies ……………………………… VI (Reserved)
7. Risk Allocation ……………………………………… VII (Reserved)
8. Dispute Resolution ………………………………… VIII
9. General Provisions ………………………………… IX
10. Execution Block ……………………………………… X
11. Certificate of Service …………………………… XI
12. Exhibit A – [Proposed Order] ……………… XII

I. DOCUMENT HEADER

A. Introduction
Petitioner, [PETITIONER FULL LEGAL NAME] (“Petitioner”), respectfully petitions this Court for an Order of Expungement and record sealing pursuant to Mont. Code Ann. § 46-18-1101 et seq. (“Montana Expungement Statute”).

B. Parties
1. Petitioner: A resident of [CURRENT COUNTY & STATE], whose identifying information is provided above and in the accompanying Confidential Information Sheet.
2. Respondent: The State of Montana, acting by and through the [COUNTY NAME] County Attorney’s Office.

C. Effective Date
This Petition shall be deemed filed on the date the Clerk of Court stamps the document as received (“Effective Date”).

II. DEFINITIONS

For purposes of this Petition and any resulting Order:

1. “Expungement” means the destruction, deletion, or sealing of all Petitioner-related records in accordance with Mont. Code Ann. § 46-18-1101(1)(a).
2. “Eligible Offense” means a misdemeanor offense enumerated under § 46-18-1101(2), including but not limited to [LIST OFFENSE], committed on [DATE OF OFFENSE].
3. “Waiting Period” means the statutory period commencing upon completion of the underlying sentence during which Petitioner must remain conviction-free:
   • Five (5) years for misdemeanors punishable by imprisonment of six months or less; or
   • Ten (10) years for misdemeanors punishable by imprisonment exceeding six months.
   [Select or modify as applicable.]
4. “Sealed Record Access” refers to the limited dissemination exceptions set forth in Mont. Code Ann. § 46-18-1102, permitting access only to specified criminal-justice agencies or by court order.

[// GUIDANCE: Delete, edit, or add definitions to match the facts and current statutory language.]

III. OPERATIVE PROVISIONS

3.1 Jurisdiction & Venue

This Court has exclusive jurisdiction under Mont. Code Ann. §§ 3-5-302 and 46-18-1101 because the conviction occurred in [COUNTY NAME] County.

3.2 Statutory Basis

Petitioner invokes Mont. Code Ann. § 46-18-1101 et seq. as the sole and sufficient authority for the relief requested.

3.3 Conviction History

A. Offense: [OFFENSE DESCRIPTION] (Misdemeanor)
B. Citation: [CITE STATUTE]
C. Original Case No.: [ORIGINAL DOCKET NUMBER]
D. Date of Conviction: [DATE]
E. Sentence Completion Date: [DATE]

3.4 Eligibility Assertions

Petitioner affirms:
1. The offense is an Eligible Offense.
2. The applicable Waiting Period of [X] years has fully elapsed.
3. Petitioner has not been convicted of any subsequent offense other than minor traffic infractions.
4. All restitution, fines, and fees have been fully satisfied.
5. No criminal charges are currently pending against Petitioner.

3.5 Rehabilitation Statement

Since completing the sentence, Petitioner has demonstrated rehabilitation by [EMPLOYMENT/STUDY/VOLUNTEER DETAILS].

3.6 Notice & Opportunity to Respond

Contemporaneously with filing, Petitioner served a copy of this Petition upon the [COUNTY NAME] County Attorney pursuant to Mont. Code Ann. § 46-18-1101(6). The Prosecuting Attorney shall have thirty (30) days to object.

3.7 Relief Requested

Petitioner respectfully requests that the Court:
a. Enter the Proposed Order attached as Exhibit A;
b. Direct all relevant agencies to expunge and seal the conviction records;
c. Permit Petitioner to deny the existence of the conviction except as otherwise required by law; and
d. Grant such other and further relief as justice requires.

IV. REPRESENTATIONS & WARRANTIES

1. Accuracy: Petitioner declares all information herein to be true, correct, and complete.
2. No Disqualifying Convictions: Petitioner represents no felony convictions exist on record.
3. Compliance: Petitioner has complied with every term of the original sentence, including payment of restitution and completion of any court-ordered programs.
4. Materiality & Survival: The foregoing representations are material and survive entry of any expungement order.

V. COVENANTS & RESTRICTIONS

1. Future Conduct: Petitioner covenants not to commit any additional criminal offense.
2. Compliance with Sealed Record Access Rules: Petitioner acknowledges that, even after expungement, specified agencies may access sealed records under § 46-18-1102.

VI. DEFAULT & REMEDIES

(Reserved – Not applicable to an expungement petition.)

VII. RISK ALLOCATION

(Reserved – Not applicable to an expungement petition.)

VIII. DISPUTE RESOLUTION

A. Governing Law
This Petition and any related proceedings shall be governed by the laws of the State of Montana.

B. Forum Selection
Exclusive venue lies with this Court pursuant to Mont. Code Ann. § 46-18-1101.

C. Arbitration / Jury Waiver
Not applicable.

D. Injunctive Relief
The equitable relief of record sealing is specifically sought herein.

IX. GENERAL PROVISIONS

1. Amendments & Waivers
   Any amendment to this Petition must be in writing and filed with the Court.

2. Severability
   If any provision is held invalid, the remaining provisions shall remain in full force and effect.

3. Integration
   This Petition, together with all exhibits and schedules, constitutes the complete submission of Petitioner’s request for relief.

X. EXECUTION BLOCK

I, [PETITIONER FULL LEGAL NAME], declare under penalty of perjury under the laws of the State of Montana that the foregoing is true and correct to the best of my knowledge and belief.

Verification & Notary Acknowledgment

State of Montana )
: ss.
County of [COUNTY NAME] )

On this _ day of _, 20__, before me, the undersigned Notary Public for the State of Montana, personally appeared [PETITIONER FULL LEGAL NAME], known to me or proved to me through satisfactory evidence to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he/she executed the same for the purposes therein contained.

| _______ |
| Notary Public for the State of Montana |
My commission expires: ____

XI. CERTIFICATE OF SERVICE

I hereby certify that on the ___ day of ____, 20__, I served a true and correct copy of the foregoing Petition and all exhibits upon the [COUNTY NAME] County Attorney by [PERSONAL DELIVERY / FIRST-CLASS MAIL / ELECTRONIC SERVICE] at the following address:

[COUNTY ATTORNEY ADDRESS]

| ________ |
| [PETITIONER OR COUNSEL NAME] |

XII. EXHIBIT A – PROPOSED ORDER OF EXPUNGEMENT

[// GUIDANCE: Attach a separate, stand-alone proposed order formatted per local court preferences.]

[// GUIDANCE:
1. Attach required Confidential Information Sheet under seal (Mont. R. Civ. P. 5.2).
2. Local rules may require a filing fee or motion form – verify with clerk.
3. If multiple convictions in different counties exist, separate petitions must be filed.
4. Consider requesting a hearing only if statute or local practice necessitates.
5. Update statutory citations annually to capture any legislative amendments but avoid citing un-codified changes.
]