Expungement Petition - Preparation Worksheet - Montana

IMPORTANT: PREPARATION WORKSHEET — NOT THE OFFICIAL COURT FORMS

Use the current Montana Courts Misdemeanor Expungement in Montana packet,
including ER-100, Petition for Expungement of Misdemeanor Records, and
ER-200, Order Expunging Misdemeanor Records and Sealing Record of this
Proceeding. This worksheet does not replace those forms.

The remedy addressed here is limited to Montana misdemeanor convictions. The
official packet does not cover felonies, marijuana-specific relief, out-of-state or
Tribal convictions, or removal or sealing of non-conviction records.

MONTANA MISDEMEANOR EXPUNGEMENT — ER-100 PREPARATION WORKSHEET

1. PETITIONER AND CAPTION

File in the district court of a judicial district where the petitioner was convicted
of at least one misdemeanor included in the request. One petition may address multiple
Montana misdemeanor convictions from one or more courts or cases. See §§ 46-18-1104(1)
and 46-18-1105.

2. LIFETIME-USE AND RECORD SCOPE

☐ Petitioner has not previously had records expunged under Title 46, chapter 18,
part 11.

☐ Petitioner understands that this remedy may be used no more than once during the
person's life.

☐ Petitioner has identified every Montana misdemeanor conviction to request now.

For each granted offense, the remedy reaches records of arrest, investigation,
detention, and related court proceedings. Fingerprint records and data maintained for
investigative purposes are excluded from the statutory definition of “record.” See
§§ 46-18-1103 and 46-18-1104.

3. CONVICTIONS REQUESTED

List each Montana misdemeanor requested on ER-100. Attach an additional page when
needed.

Before filing, obtain the criminal-history record and court records needed to identify
all convictions accurately. The official packet recommends checking both Montana DOJ
criminal-history information and the Montana court public-access portals and obtaining
the original judgments for the post-order process.

4. PRESUMPTION SCREEN — § 46-18-1107

Expungement is presumed only if petitioner is not currently detained, charged, or
facing pending charges for a new offense, as verified by the responsible prosecution
office, and one of the following routes applies.

4.1 Five-year route

☐ Petitioner has not been convicted of any offense in Montana, another state, or
federal court during the five years since completing all sentencing terms for the
offense or offenses requested.

☐ All sentencing terms are complete, including financial obligations and
court-ordered treatment.

The current law uses one five-year presumption period; it does not use different
five-year and ten-year tiers based on the maximum misdemeanor jail sentence.

4.2 Military route

☐ Petitioner has applied to a United States military academy, applied to enlist in
the armed forces or national guard, or is currently serving in the armed forces or
national guard.

☐ A prior conviction is holding petitioner back from enlisting or holding a position:
[FACTS AND SUPPORTING DOCUMENTS].

5. OFFENSES FOR WHICH EXPUNGEMENT IS NOT PRESUMED — § 46-18-1108

Expungement may still be requested, but is not presumed, when petitioner has one or
more misdemeanor convictions for:

• assault under § 45-5-201;
• partner or family member assault under § 45-5-206;
• stalking under § 45-5-220;
• sexual assault under § 45-5-502;
• violation of a protective order under § 45-5-626;
• driving under the influence under Title 61, chapter 8, part 10; or
• an offense carrying a statutorily enhanced penalty because the offender drove under
  the influence of alcohol or drugs.

☐ None of the convictions requested falls in this category.

☐ One or more requested convictions falls in this category, and petitioner will
address the statutory factors below.

6. PUBLIC-SAFETY SHOWING AND HEARING

The court decides the petition by a preponderance of the evidence. A presumption in
favor of expungement may be overcome if the court determines that public-safety
interests demand dismissal. A participating prosecution representative and victim must
have an opportunity to respond. The rules of evidence do not apply, although the court
may exclude irrelevant, immaterial, or unduly repetitive evidence. See § 46-18-1109.

Explain why expungement will not adversely affect public safety:

[FACTS ABOUT REHABILITATION, STABILITY, TREATMENT, COMMUNITY PARTICIPATION,
TIME SINCE OFFENSE, AND LOW RISK OF REOFFENDING]

Potential supporting material:

☐ Judgments and records showing the exact convictions.

☐ Proof that incarceration, supervision, treatment, financial obligations, and other
sentencing terms are complete.

☐ Current criminal-history and docket information.

☐ Letters, testimony, or records supporting rehabilitation and a low likelihood of
reoffending.

The official packet states that an uncontested petition may be granted without a
hearing and that a contested petition may be set for hearing. Follow all notices and
local court instructions.

7. SERVICE — § 46-18-1106 / ER-100

Serve a copy of the filed petition on every prosecution office that prosecuted an
offense included in the request. Complete the ER-100 certificate of service and attach
an additional page if more than two prosecution offices were involved.

If an offense has a victim, the responsible prosecution office must attempt to notify
the victim within 14 days after receiving the petition and document the attempt. The
notice must explain the victim's right to respond and include any scheduled hearing
dates. The statute does not create the former template's claimed 30-day prosecutor
objection period.

8. FILING PACKET

Prepare and file the items required by the current official instructions:

☐ Completed ER-100 petition and certificate of service.

☐ Completed ER-200 proposed order, leaving the judge's date and signature blank.

☐ If needed, the current statement and proposed order requesting waiver of court
costs and fees.

☐ Copies for petitioner and every prosecution office.

Confirm the current filing fee, filing method, copy requirements, and any local practice
with the district-court clerk.

9. FINGERPRINT CAUTION

Section 46-18-1104(3) requires a person submitting a petition to be fingerprinted to
validate identity. The current 2025 court packet directs the petitioner to obtain the
FD-258 blue applicant fingerprint card after an order is granted and submit it to DOJ
with the order and DOJ form. Follow the current packet, but confirm with the filing clerk
whether the court requires any fingerprint step before or at filing.

10. ORDER AND POST-ORDER DELIVERY — § 46-18-1110

For multiple requested misdemeanors, the court may grant expungement for all, some,
or none.

If relief is granted:

☐ Obtain certified or otherwise court-accepted copies of the order.

☐ Send the order for each granted offense to the arresting law-enforcement agency,
the prosecution office, and the clerk of the sentencing court.

☐ Complete the current Montana DOJ expungement/removal request form.

☐ Obtain the FD-258 blue applicant fingerprint card.

☐ Send DOJ its form, the fingerprints, the expungement order, and the materials
required by the current official packet. The packet also instructs petitioners to include
copies of the original judgments.

☐ Retain DOJ's confirmation and check the Montana court public-access portals to
confirm that covered court records were sealed.

The court's order directs the arresting agency, prosecution office, and clerk to
permanently seal their covered records. On receiving the order and identifying materials,
DOJ expunges the covered records in its criminal-history system. Do not describe the
remedy as destroying every fingerprint or investigative record; § 46-18-1103(2)(b)
expressly excludes those items from “record.”

11. DECLARATION

Complete and sign the declaration in current ER-100 under penalty of perjury.

The current official petition uses a penalty-of-perjury declaration; it does not require
the former template's notary acknowledgment.

OFFICIAL SOURCES

• Montana Code Annotated 2025, Title 46, chapter 18, part 11:
  https://mca.legmt.gov/bills/mca/title_0460/chapter_0180/part_0110/sections_index.html

• § 46-18-1103, definitions:
  https://mca.legmt.gov/bills/mca/title_0460/chapter_0180/part_0110/section_0030/0460-0180-0110-0030.html

• § 46-18-1104, eligibility and fingerprint requirement:
  https://mca.legmt.gov/bills/mca/title_0460/chapter_0180/part_0110/section_0040/0460-0180-0110-0040.html

• §§ 46-18-1105–1106, venue and notice:
  https://mca.legmt.gov/bills/mca/title_0460/chapter_0180/part_0110/section_0050/0460-0180-0110-0050.html

• §§ 46-18-1107–1109, presumptions and procedure:
  https://mca.legmt.gov/bills/mca/title_0460/chapter_0180/part_0110/section_0070/0460-0180-0110-0070.html

• § 46-18-1110, order and delivery requirements:
  https://mca.legmt.gov/bills/mca/title_0460/chapter_0180/part_0110/section_0100/0460-0180-0110-0100.html

• Montana Courts misdemeanor-expungement page and current packet:
  https://courts.mt.gov/forms/misexpconpage

• Direct current ER-100/ER-200 packet:
  https://courts.mt.gov/external/forms/misexpcon/srmisexp2025.pdf

• Montana DOJ conviction-expungement process and current DOJ form link:
  https://dojmt.gov/dci-home/conviction-expungement-process/