Montana Motion to Expunge Criminal Offender Record due to Charges having been Dismissed

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Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

Montana law also allows otherwise ineligible people to purchase and possess firearms after a felony conviction if they receive a permit from their local court, which may be granted by the court upon a showing of good cause for possession of each firearm sought to be purchased and possessed.

In order to receive expungement, you need to have completed all legal requirements that resulted from your misdemeanor, such as paying fines and completing any court-ordered treatment. Candidates need to be law abiding citizens for five years and not commit any more offenses in Montana or any other state.

030. Possession of firearms by certain individuals prohibited. It shall be illegal for any convicted felon, any person adjudicated mentally incompetent, any illegal alien and any minor to have in his or her possession any firearms.

§ 46-18-801(2) (?Except as provided in the Montana constitution, if a person has been deprived of a civil or constitutional right by reason of conviction for an offense and the person's sentence has expired or the person has been pardoned, the person is restored to all civil rights and full citizenship, the same as if ...

Can a DUI Be Expunged? Yes, but any DUI conviction is considered ?not presumed? and will be looked at very closely by the courts and are more challenging. The court will look at: The amount of time that has passed since your offense, conviction, and sentencing.

Hundreds of felons on parole or probation who are barred from having guns are getting hunting licenses in Montana with no questions asked, an Associated Press investigation has found. Montana may not be alone.

If you are convicted of a misdemeanor and serve your sentence, you could file for an expungement in Montana. However, a conviction of a felony or of a sex offense will not be eligible for an expungement. The only way that could happen in those instances is if that crime is actually reversed.

Montana law also allows otherwise ineligible people to purchase and possess firearms after a felony conviction if they receive a permit from their local court, which may be granted by the court upon a showing of good cause for possession of each firearm sought to be purchased and possessed.

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Montana Motion to Expunge Criminal Offender Record due to Charges having been Dismissed