Montana Motion for New Trial for Purpose of Expunging Criminal Record

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Description

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

You will incur some expenses when seeking an expungement in Alabama. There is an administrative filing fee of $300, plus approximately $300 in court costs, a certified records fee of $100 as well as your attorney's fee.

Misdemeanor Charge AND Conviction: Furthermore, you must wait a period of three (3) years from the date of conviction to apply for an expungement. Also ? it is important to note that you are only allowed to expunge two misdemeanor convictions in the State of Alabama.

DUI Expungement in Montana Misdemeanor DUI convictions in Montana can now be expunged, but they will be looked at very closely by the courts and are less likely to be successful. The court will look at: Time since conviction and sentence. Remember the 5-year minimum is just that, a minimum.

Alabama is now like other states that will allow an individual to remove a past convictions from their record under certain circumstances. Of course, Alabama also allows expungements of arrest records. Even if you receive a pardon for a crime, that conviction will still appear on your criminal record.

Normally the Alabama Law Enforcement Agency charges $25 for the expungement process, but many people who start the process through legal services will be able to do it for free.

With the passage of Alabama Senate Bill 117, not only may dismissed misdemeanor cases be expunged; now, in Alabama, any felony case dismissed may be expunged and convictions for certain criminal offenses, including misdemeanors and felonies, may be expunged from a person's record.

The act automates expungement for petty- and gross-misdemeanor offenses if the charge has been dismissed or if a person successfully completed a diversion program or stay of adjudication ? a court action that keeps a conviction off your record if you remain law-abiding on probation.

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.

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Montana Motion for New Trial for Purpose of Expunging Criminal Record