Montana Motion To Seal Juvenile Records

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Multi-State
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US-03332BG
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Description

A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public. An attorney who is licensed to practice in the jurisdiction where the case is heard usually initiates a motion of this type, although many jurisdictions will allow private citizens to file the motion through a court clerk. A court request to seal records is common in many situations, especially when the welfare of a minor could be adversely impacted if the court records were made readily available to the general public.


Most jurisdictions have specific laws and procedures regarding the motion to seal. While processes vary, it is not unusual for a court to require that specific documents be filed with the court clerk before a judge will consider the request to seal the records connected with a given case. Some jurisdictions require that a waiting period must take place between the date that the case is settled and the records are officially sealed. In other situations, the records are sealed as soon as the judge grants the request.

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FAQ

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.

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.

These laws vary widely in terms of when and which records are automatically sealed or expunged. In Montana, youth court records are sealed and youth probation records are destroyed on the juvenile's 18th birthday.

§ 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 ...

For instance, homicide, arson, robbery, arson, sex crimes, distribution or manufacture of controlled dangerous substances, perjury and bribery cannot be expunged under New Jersey law.

During the enlistment process, if it is made known there is a criminal history, the juvenile may sign a release form giving the military access to his/her records. Note:? There is nothing in the TFC that is designed to allow the military to force the juvenile to give unsealed records to the recruiter.

In Montana, you can successfully expunge a misdemeanor or a marijuana felony conviction with the help of an experienced lawyer. A successful expungement helps you put your past behind you.

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.

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Montana Motion To Seal Juvenile Records