Second Chance Index
Menu

Expungement, dismissal after deferred imposition, or confidential criminal justice information in Montana

Can I clear my record in Montana?

Montana lets people with misdemeanor convictions ask a district court, once in a lifetime, to expunge all of their Montana misdemeanors.

Limited automatic clearing

How did your case end?

Pick the one that matches. We'll show the routes Montana law offers for it, with the wait and the cost.

Pick an answer above to see your routes, waits and costs.

At a glance

Expungement is presumed after 5 conviction-free years from finishing the sentence, but not if you have a conviction for assault, partner or family member assault, stalking, sexual assault, a protective order violation or DUI; then a judge weighs the case. There is no general way to expunge a felony, but a deferred sentence (felony or misdemeanor) can end in dismissal and sealing, and marijuana convictions affected by the 2021 cannabis law can be expunged or reduced. The state Department of Justice says it removes arrests that didn't lead to a conviction from the state criminal history automatically.1,2,3,4

Checked October 22, 2026 against 43 sources, starting with Montana law, then by a second reader.

What it's called
Expungement, dismissal after deferred imposition, or confidential criminal justice information1,2,3
Automatic clearing
Limited, since July 1, 201714,20,27
DUI or DWI
Sometimes3,30,31
Filing fee
$1201,2,3
Fee waiver
Available1,2,3

Expungement

Misdemeanor expungement

The Department of Justice permanently destroys, deletes or erases the records of the expunged offenses from its criminal history record information system; fingerprint records and data kept for investigative purposes are not covered (MCA §§ 46-18-1103, 46-18-1110(3)). The order also directs the arresting agency, the prosecutor's office and the clerk of the sentencing court to permanently seal all records of the arrest, investigation, detention and court proceedings for each offense (§ 46-18-1110(2)(a)), and the court's form order asks the clerk to seal the expungement case itself. The statute does not say whether you may deny an expunged conviction on a job application, and it does not reach copies held by private background-check companies.1,2,3

What it's for: All of a person's Montana misdemeanor convictions, from one or several courts and cases, in one lifetime petition.

Who can use it

  • You were convicted of one or more misdemeanors in Montana, in one court or several and in one case or several, and you have never had records expunged under this law before (MCA § 46-18-1104(1)).
  • Expungement is presumed if you are not being detained for an offense, are not charged with one and have no new charges pending, and you have had no conviction in Montana, another state or federal court for 5 years since you completed the sentence, including paying financial obligations and finishing court-ordered treatment (§ 46-18-1107(1)).
  • The presumption also applies if you have applied to a U.S. military academy, applied to enlist in the armed forces or National Guard, or are serving and are being held back because of the conviction (§ 46-18-1107(2)).
  • If you have any conviction for assault, partner or family member assault, stalking, sexual assault, violating a protective order, DUI, or an offense with a DUI-enhanced penalty, expungement can still be granted, but it is not presumed (§ 46-18-1108(1)). The judge weighs your age at the time, the time since the offense, your rehabilitation, the likelihood you will reoffend and any other factor (§ 46-18-1108(2)).
  • The court decides by a preponderance of the evidence, and can deny a presumed expungement if public safety demands it. It may expunge all, some or none of the listed offenses (§§ 46-18-1109, 46-18-1110(1)).

What doesn't qualify

  • Felony convictions. Montana Legal Services Association says there is currently no process for expunging felony convictions, except some marijuana-related felonies (MontanaLawHelp.org).
  • Anyone who has already had records expunged under this law. You may petition only once in your lifetime (§ 46-18-1104(1)-(2)).
  • Convictions from other states, federal court or Tribal courts are not covered by the court's packet; you file in a Montana district court where you were convicted (§ 46-18-1105; court packet).

How long you have to wait

RecordWaiting period
Misdemeanor conviction (presumed expungement)5 years with no new conviction after completing the sentenceThe 5 years run from completing all sentencing terms, including fines and other financial obligations and court-ordered treatment (§ 46-18-1107(1)). The military route has no waiting period (§ 46-18-1107(2)).
Petition without the presumption (for example, if you have a conviction for assault, partner or family member assault, stalking, sexual assault, a protective order violation or DUI)No fixed wait in the statuteThe court considers the length of time since the offense, along with other factors (§ 46-18-1108(2)).

How to apply

  1. Get your Montana criminal history from the Department of Justice (about $10-$30) and search the court public access portals, since some misdemeanors may not appear on the state check. List every conviction, because you can petition only once.
  2. Get copies of your judgments from the courts where you were convicted.
  3. Fill out the Petition for Expungement of Misdemeanor Records (ER-100), the certificate of service and the proposed Order Expunging Misdemeanor Records (ER-200). If you cannot afford the fee, add the Statement of Inability to Pay Court Costs and Fees and its proposed order.
  4. File with the clerk of the district court in a judicial district where at least one of your convictions happened. One petition can cover convictions from other courts, such as municipal and justice courts in other counties.
  5. Mail or deliver a file-stamped copy of the petition to every county or city attorney's office that prosecuted one of the offenses (§ 46-18-1106(1)). The prosecutor must try to notify any victim within 14 days.
  6. If no one objects, the court may grant the petition without a hearing. If the prosecutor or a victim objects, the court may set a hearing, where the rules of evidence don't apply and you can bring letters and other evidence of rehabilitation.
  7. If the order is granted, send copies to the arresting agencies, prosecutors and courts, and mail the Department of Justice Expungement/Removal Request Form with a blue FD-258 fingerprint card, your judgments and the order to DOJ CRISS, P.O. Box 201403, Helena, MT 59620. DOJ sends a confirmation letter.
Where to file
The district court in any judicial district where you were convicted of one of the misdemeanors (MCA § 46-18-1105).
Cost
The court's packet says to ask for a fee waiver if you can't afford "the filing fee" but doesn't give the amount. The petition is a new civil matter in district court (the packet's forms call it a "civil expungement matter"), and the statewide fee schedule for Montana clerks of district court lists $120 to start a civil action: the $90 filing fee (MCA § 25-1-201(1)(a)), the $20 civil filing fee (§ 25-1-202) and the $10 court technology surcharge (§ 3-1-317(1)(b)). Ask the clerk to confirm before you file. Other costs: the DOJ criminal history check (about $10-$30), copies of judgments, and fingerprinting (the FD-258 card is free from DOJ, but fingerprinting usually costs a fee).
If you can't pay
You can ask to file without paying. File the Statement of Inability to Pay Court Costs and Fees (in the packet) with your petition. If you receive SNAP, TANF, SSI, Medicaid, WIC or LIEAP, or are represented by free legal services, you can skip the financial sections. The judge may grant a full or temporary waiver or deny it.
Court hearing
Sometimes
How long it takes
The prosecutor must try to notify victims within 14 days of receiving the petition. After the court order, DOJ asks you to allow 30 days for processing.

Official forms

Dismissal

Dismissal after a deferred sentence

The court strikes the guilty plea or verdict and dismisses the charge. After dismissal, all records and data about the charge become confidential criminal justice information, and the public can get them only by a district court order on good cause shown (MCA § 46-18-204(2)). Confidential criminal justice information goes only to criminal justice agencies, people authorized by law and those a district court authorizes (§ 44-5-303(1)). DOJ says the sealed record stays available to law enforcement, including the military and Border Patrol. Montana Legal Services Association says the process removes the case from public court records and most background checks.14,15,16

What it's for: Felony or misdemeanor cases where the judge deferred imposition of sentence and the deferral period ended without revocation.

Who can use it

  • Felony: when the deferral period ends (or the court ends it early under § 46-18-208), the court must strike the plea or verdict and dismiss the charges, as long as no petition to revoke was filed (§ 46-18-204(1)(a)).
  • Misdemeanor: when the deferral period ends, the court may allow you to withdraw the plea or may strike the verdict and dismiss the charges, on its own motion or on yours (§ 46-18-204(1)(b)).
  • MLSA's packet says you should have complied with all conditions, including paying fines and fees and obeying all laws, and the full deferral period should have expired.

What doesn't qualify

  • Suspended sentences and other sentences that were not deferred; MLSA's packet covers only completed deferred sentences.
  • A felony deferred sentence is not available to someone with a prior felony conviction, except as § 46-18-222 allows (§ 46-18-201(1)(b)).
  • DUI sentences cannot be deferred (§ 61-8-1011(4)).
  • For a felony, dismissal is not required if a petition to revoke the deferred sentence was filed (§ 46-18-204(1)(a)).

How long you have to wait

RecordWaiting period
Deferred sentence, misdemeanorWhen the deferral period endsDeferral can last up to 1 year, or up to 2 years if a financial obligation is a condition (§ 46-18-201(1)(a)).
Deferred sentence, felonyWhen the deferral period endsDeferral can last up to 3 years, or up to 6 years if a financial obligation is a condition (§ 46-18-201(1)(a)).
Early end of a deferred sentenceAfter 2 years or half the deferral, whichever is lessYou, your attorney or the prosecutor can move to end the deferred sentence early if you have complied with supervision. If the court holds a hearing, it must find you paid all restitution and court-ordered financial obligations (§ 46-18-208).

Some records clear automatically. For felonies the statute says the court shall dismiss, and MLSA's packet notes some courts dismiss and seal deferred cases on their own. Otherwise you file a motion. Either way, DOJ updates its records only after it receives the dismissal order, so you may need to send it the order yourself.

How to apply

  1. Call the clerk of the court that gave the deferred sentence to ask whether your case was already dismissed and about any local forms.
  2. Get a copy of your deferred sentence order from the clerk.
  3. Fill out the Motion to Strike Plea or Verdict, Dismiss Charge, and Seal Case (DS-100), the certificate of service and the proposed order from MLSA's packet, using your criminal case number.
  4. File them with the clerk of the same court and mail a file-stamped copy to the county or city attorney who prosecuted the case.
  5. After the order is signed, mail the DOJ Expungement/Removal Request Form (marked for a dismissed deferred sentence) with copies of the deferred sentence order and the dismissal order to DOJ CRISS, P.O. Box 201403, Helena, MT 59620. Then check the court portals and your DOJ record.
Where to file
The court that gave the deferred sentence (district, justice, or municipal or city court), in the same criminal case.
Cost
MLSA's packet does not mention a filing fee for the motion. Copies of court orders may cost a small fee, and a DOJ criminal history check costs about $10-$30.
How long it takes
DOJ says requests can take up to 30 days and it sends a letter with the result.

Official forms

Expungement

Marijuana conviction expungement, resentencing or redesignation

If you have finished the sentence, the court either expunges the conviction as legally invalid or redesignates it as a misdemeanor or civil infraction; if you are still serving, it can expunge the conviction or resentence you (MCA § 16-12-113(1), (6)). A felony recalled or redesignated counts as a misdemeanor or civil infraction for all purposes, and a misdemeanor recalled or redesignated counts as a civil infraction (§ 16-12-113(8)). Expungement has the same meaning as under the misdemeanor expungement law: DOJ destroys or erases the record from its criminal history system (Temporary Rule 3; § 46-18-1103).21,22,23

What it's for: Montana convictions, felony or misdemeanor, for marijuana conduct that the 2021 Montana Marijuana Regulation and Taxation Act made legal or punishes less.

Who can use it

  • You completed a sentence for an act that is now permitted under the marijuana law, or that now carries a lesser sentence. You may ask the sentencing court to expunge the conviction or redesignate it as a misdemeanor or civil infraction (§ 16-12-113(5)).
  • You are still serving a sentence for such an act. You may ask for expungement or resentencing; you get credit for time served and can't be put on supervision (§ 16-12-113(1), (3)).
  • The court presumes you qualify unless the county attorney gives a reasonable basis showing you don't. For a completed sentence, once you meet the criteria the court must redesignate or expunge; for a current sentence, the court must grant unless it finds an unreasonable risk to public safety (§ 16-12-113(2), (6)).
  • The court's form lists marijuana convictions for distribution, possession, possession with intent to distribute, and production or manufacture of dangerous drugs (§§ 45-9-101, 45-9-102, 45-9-103, 45-9-110), and for possession or delivery of drug paraphernalia (§§ 45-10-103, 45-10-104), plus a blank for other offenses.
  • Using this route does not stop you from later using your one-time misdemeanor expungement (§ 16-12-113(12)).

What doesn't qualify

  • Conduct that is still a crime with the same penalty under the marijuana law (§ 16-12-113(1), (5)).
  • Resentencing can't produce a longer sentence or bring back charges dismissed in a plea deal (§ 16-12-113(4)).

How long you have to wait

RecordWaiting period
Completed sentenceNoneA petition may be filed at any time after you complete the sentence (Temporary Rule 6(A)).
Currently serving a sentenceNoneA petition may be filed while you are serving the sentence (Temporary Rule 6(A)).

How to apply

  1. Get a copy of your criminal record from the Montana Department of Justice. It must be filed with the petition.
  2. Use Form A if you are still serving the sentence, or Form B if you have completed it. File a separate petition for each conviction.
  3. File in the court where you were convicted (district, justice, or municipal or city court) with the filing fee or a fee waiver request, and say whether you want a hearing. A hearing isn't required unless you ask for one (§ 16-12-113(7)).
  4. Serve the county attorney and file a certificate of service. A proposed order is recommended.
  5. The county or city attorney has 21 days to respond. If they don't, the court presumes they don't object (Temporary Rule 7).
  6. If the petition is granted, send the DOJ Expungement/Removal Request Form with a copy of your judgment and the court order to DOJ CRISS so DOJ updates its records.
Where to file
The court where you were convicted and sentenced. A judge pro tempore or special master agreed on by you and the county attorney may decide the petition (MCA § 16-12-115; Temporary Rules 6 and 8).
Cost
Filing fees and other costs apply to each petition (Temporary Rule 6(D)); the court pages don't give an amount, so ask the clerk. The statute calls these petitions a civil action (§ 16-12-115(2)), and in district court the clerks' statewide fee schedule lists $120 to start a civil action; we didn't find justice or city court fees. A DOJ criminal record copy costs a fee.
If you can't pay
You can ask to file without paying. The clerk must accept a petition filed with a completed fee waiver request (Temporary Rule 5). The court's instructions point to MontanaLawHelp.org's interactive Statement of Inability to Pay Court Costs and Fees.
Court hearing
Sometimes
How long it takes
The county or city attorney has 21 days after service to respond; the court then rules, or sets a hearing if you asked for one.

Official forms

Other relief

Removal of non-conviction records from the state criminal history

DOJ deletes the non-conviction arrest from its criminal history database and destroys any hard copy. Photographs and fingerprints for the charge go back to the arresting agency, which must expunge all copies, and no criminal justice agency may keep copies (MCA § 44-5-202(8); DOJ). This clears the state criminal history record, not the court's case file: criminal history record information does not include court records, and court records and initial arrest records are public criminal justice information (§ 44-5-103(4), (13)).27,28,29

What it's for: Arrests where no charge was filed or the charges were dropped, dismissed or ended in acquittal, including deferred prosecutions that were dismissed.

Who can use it

  • You were released without charges, the charges did not result in a conviction, or a conviction was later invalidated (§ 44-5-202(8)).
  • DOJ lists charges that were dismissed, deferred prosecutions that were dismissed, acquittals, and charges dropped or never filed.
  • A completed pretrial diversion agreement ends with the prosecution automatically dismissed with prejudice (§ 46-16-130(1)(d)).

What doesn't qualify

  • Convictions, including deferred sentences that have not yet been dismissed. Those use the deferred-sentence dismissal or misdemeanor expungement routes (DOJ).

How long you have to wait

RecordWaiting period
Charge not filed, dismissed or acquittedNoneThe court must report the disposition to the state repository within 14 business days (§ 44-5-202(8)).

Happens automatically. DOJ says that after July 1, 2017 it automatically removes all non-conviction arrest data under § 44-5-202 and no form is needed. Its page doesn't say whether that reached arrests from before that date, and it still tells people with dismissed, dropped or unfiled charges to check their record. If a non-conviction still shows on your public record check, you can send DOJ the Record Removal Form with the court's judgment.

How to apply

  1. Run a current Montana public criminal history check online (CHOPRS) or by mail.
  2. If a dismissed, acquitted, dropped or unfiled charge still appears, send the DOJ Expungement/Removal Request Form (non-conviction removal) citing MCA § 44-5-202(8), with the court judgment, to DOJ CRISS, P.O. Box 201403, Helena, MT 59620.
  3. If your record is missing the outcome, DOJ will ask the court; if it can't get the information, you may need to get it from the court yourself.
Where to file
Montana Department of Justice, Criminal Records and Identification Services Section (CRISS).
Cost
DOJ does not list a fee for removal. A public criminal history check costs about $10-$30 (MLSA packet).
Court hearing
No
How long it takes
DOJ says a removal request can take up to 30 days; it sends a letter with the outcome.

Official forms

Automatic clearing

Montana has no Clean Slate law for convictions. The automatic piece is for non-convictions: when someone is released without charges, charges don't end in a conviction, or a conviction is invalidated, the court reports the outcome and fingerprints and photographs are expunged (MCA § 44-5-202(8)). DOJ says that after July 1, 2017 it automatically removes all non-conviction arrest data from its criminal history records; its page doesn't say whether that reached older arrests. Court case files are separate and aren't covered. For felony deferred sentences, the court must dismiss once the deferral ends if no revocation petition was filed (§ 46-18-204), but DOJ updates its record only after it gets the order. Every conviction route needs a petition.14,20,27

DUI and DWI records in Montana

A misdemeanor DUI (a first, second or third offense under MCA § 61-8-1007) can be expunged under the misdemeanor expungement law, but if you have any DUI conviction, expungement is not presumed: the judge weighs your age at the time, time since the offense, rehabilitation, likelihood of reoffending and other factors (§ 46-18-1108). The same applies to any offense with a DUI-enhanced penalty. A DUI after three or more prior convictions for DUI or certain related offenses, or after a conviction for vehicular homicide or aggravated vehicular homicide while under the influence, is a felony (§ 61-8-1008) and can't be expunged under that law. DUI sentences can't be deferred (§ 61-8-1011(4)) and DUI prosecutions can't go to pretrial diversion (§ 46-16-130(4)), so the deferred-dismissal route isn't available. Earlier DUI convictions within 10 years, or all of them for a third or later offense, count when a new DUI is sentenced (§ 61-8-1011(1)(b)). That section defines a prior conviction without mentioning expungement, and no statute or official guide we read says whether an expunged DUI still counts as a prior offense. Traffic records kept by DOJ are not part of criminal history record information (§ 44-5-103(4)(b)), and we didn't confirm whether expungement changes a driving record.3,7,18,28,29,30,31

Arrests and dismissed charges

Arrests with no charges, dismissals and acquittals are removed from the Montana DOJ criminal history database automatically (DOJ, since July 1, 2017), and fingerprints and photographs are returned and expunged (MCA § 44-5-202(8)). If a non-conviction still shows on your public record check, send DOJ its Record Removal Form with the court judgment. Dismissed deferred prosecutions and completed pretrial diversion are treated the same way (§ 46-16-130; DOJ). This does not seal the court's own file: court records are public criminal justice information (§ 44-5-103(13)), and the court's expungement packet doesn't cover sealing non-conviction court records. A deferred sentence is a conviction until the court dismisses it; after dismissal the records become confidential (§ 46-18-204).6,20,27,28,29

Marijuana records

Under the Montana Marijuana Regulation and Taxation Act (Initiative 190, approved November 3, 2020, as amended in 2021), people convicted of marijuana conduct that is now legal or punished less can petition the sentencing court. If you have finished the sentence, the court can expunge the conviction or redesignate it as a misdemeanor or civil infraction; if you are still serving, it can expunge or resentence (MCA § 16-12-113). The court presumes you qualify unless the county attorney gives a reasonable basis otherwise, and no hearing is needed unless you ask for one. A Montana Supreme Court order (AF 22-0129, March 2022) set temporary rules: one petition per conviction, filing fees for each, a DOJ criminal record attached, and 21 days for the prosecutor to respond. Using this route doesn't use up your one-time misdemeanor expungement (§ 16-12-113(12)).21,23,25,26

What employers can see afterward

Montana's expungement law has DOJ erase the records and has police, prosecutors and courts seal them, but it doesn't say whether you may deny the conviction on a job application, and it doesn't limit what employers may ask (MCA §§ 46-18-1103, 46-18-1110). After a deferred sentence is dismissed, the records are confidential criminal justice information that the public can get only by court order (§ 46-18-204). Criminal history that isn't public can go to employers only with your consent or as the law allows (§§ 44-5-302, 44-5-303). We found no Montana statute that limits when private employers may ask about criminal records; a 2019 bill to remove the criminal history question from initial job applications (SB 168) did not pass, according to a 2020 legislative staff paper. For occupational licenses, a conviction can't be an automatic bar, a board can deny only for a conviction related to the occupation where the person isn't sufficiently rehabilitated, and it must give written reasons (§§ 37-1-203, 37-1-204). A 2025 resolution (HJ 45) requested an interim study of expungement and its collateral consequences. The Criminal Justice Oversight Council's final report (approved September 2, 2026) says the council voted to send two bills to the 2027 Legislature, one to clarify terms in the misdemeanor expungement law and one to revise its procedure; members had reviewed changes such as clearer guidance for employers, landlords and licensing boards and letting people reapply after a denial, but not every issue led to a recommendation. These are proposals, not law.1,14,17,32,33,34,35,36,37

Free help in Montana

Before you file

  • You can ask a background screening company for the information it has on you, and the CFPB keeps a list of consumer reporting companies, including employment screening companies, with their contact details.39,40,41
  • The FCRA's seven-year limit does not apply to criminal convictions, so under federal law a conviction can show up on a background report no matter how old it is.42,43

This page explains Montana's rules in general terms from the law and official court sources. It isn't legal advice, and laws change. A legal aid office or the court's self-help center can tell you whether your own record qualifies.

Spot something out of date? Tell us at contact@secondchanceindex.com.

Cite this page

Second Chance Index, "Can I clear my record in Montana?" https://secondchanceindex.com/record-clearing/montana, checked October 22, 2026.

Embed this answer on your site · Download it as an image

Sources

Each source was opened and checked on October 22, 2026.

  1. MCA §§ 46-18-1101 to 46-18-1111
  2. MCA § 46-18-1107. When expungement presumedMontana Legislature (Montana Code Annotated 2025)
  3. MCA § 46-18-1108. When expungement not presumedMontana Legislature (Montana Code Annotated 2025)
  4. MCA § 46-18-1110. Expungement ordersMontana Legislature (Montana Code Annotated 2025)
  5. Misdemeanor Expungement in Montana (forms page)Montana Judicial Branch
  6. Misdemeanor Expungement in Montana: instructions and forms (2025)Montana Legal Services Association and Montana Supreme Court Access to Justice Commission, on courts.mt.gov
  7. Misdemeanor Expungement in Montana (last reviewed April 21, 2025)Montana Legal Services Association (MontanaLawHelp.org)
  8. Conviction Expungement ProcessMontana Department of Justice, Division of Criminal Investigation
  9. Expungement/Removal Request Form (updated April 29, 2024)Montana Department of Justice, Criminal Records and Identification Services Section
  10. MCA § 25-1-201. Fees of clerk of district courtMontana Legislature (Montana Code Annotated 2025)
  11. MCA § 25-1-202. Additional filing feesMontana Legislature (Montana Code Annotated 2025)
  12. Fee Schedule-Civil, Montana Clerks of District Courts (updated May 2024)Montana Judicial Branch
  13. MCA § 3-1-317. User surcharge for court information technologyMontana Legislature (Montana Code Annotated 2025)
  14. MCA § 46-18-204
  15. MCA § 46-18-201. Sentences that may be imposedMontana Legislature (Montana Code Annotated 2025)
  16. MCA § 46-18-208. Termination of remaining portion of deferred or suspended sentenceMontana Legislature (Montana Code Annotated 2025)
  17. MCA § 44-5-303. Dissemination of confidential criminal justice informationMontana Legislature (Montana Code Annotated 2025)
  18. MCA § 61-8-1011. Driving under influence -- conviction defined -- deferral of sentence not allowedMontana Legislature (Montana Code Annotated 2025)
  19. Dismissal After Completing a Deferred Sentence in Montana: instructions and formsMontana Legal Services Association (MontanaLawHelp.org)
  20. Non-Conviction Removal and SealingMontana Department of Justice, Division of Criminal Investigation
  21. MCA §§ 16-12-113 to 16-12-116
  22. MCA § 16-12-115. Appointment of judgeMontana Legislature (Montana Code Annotated 2025)
  23. Montana Marijuana Regulation and Taxation Act: how to petition for expungement, resentencing, or redesignationMontana Judicial Branch, Office of the Court Administrator
  24. MMRTA Form B: Petition for Expungement or Redesignation (sentence served)Montana Judicial Branch, Office of the Court Administrator
  25. Temporary Rules for Expungement, Resentencing, or Redesignation of a Conviction under the MMRTAMontana Supreme Court
  26. Order AF 22-0129 adopting the MMRTA temporary rules (filed March 15, 2022)Montana Supreme Court
  27. MCA § 44-5-202(8)
  28. MCA § 44-5-103. Definitions (criminal justice information)Montana Legislature (Montana Code Annotated 2025)
  29. MCA § 46-16-130. Pretrial diversionMontana Legislature (Montana Code Annotated 2025)
  30. MCA § 61-8-1007. Penalty for driving under influence -- first through third offensesMontana Legislature (Montana Code Annotated 2025)
  31. MCA § 61-8-1008. Penalty for driving under influence -- fourth and subsequent offensesMontana Legislature (Montana Code Annotated 2025)
  32. MCA § 44-5-302. Dissemination of criminal history record information that is not publicMontana Legislature (Montana Code Annotated 2025)
  33. MCA Title 37, Chapter 1, Part 2 (Licensure of Criminal Offenders), §§ 37-1-201 to 37-1-205Montana Legislature (Montana Code Annotated 2025)
  34. SJ 18: Past Legislative Options Regarding Job Applicants (February 2020 staff paper)Montana Legislature, Economic Affairs Interim Committee staff
  35. HJ 45 (2025), enrolled: interim study on collateral consequences of criminal convictions and criminal record expungementMontana Legislature
  36. Criminal Justice Oversight Council: Studies and Topics (HJ 45)Montana Legislature
  37. HJ 45: Interim Study on the Impact Collateral Consequences Have on Criminal Record Expungement, Final Report to the 70th Legislature (approved September 2, 2026)Montana Legislature, Criminal Justice Oversight Council
  38. HB 795 (2025), Revise expungement laws to allow for certain nonviolent felony records: bill statusMontana Legislature (Bill Explorer)
  39. List of consumer reporting companiesConsumer Financial Protection Bureau
  40. What Employment Background Screening Companies Need to Know About the Fair Credit Reporting ActFederal Trade Commission
  41. Employer Background Checks and Your RightsFederal Trade Commission
  42. 15 U.S. Code § 1681c - Requirements relating to information contained in consumer reportsLegal Information Institute, Cornell Law School (U.S. Code text)
  43. Advisory Opinion to Nadell (12-10-98)Federal Trade Commission (staff advisory opinion)