Your Rights

Under a recent Montana Law, if you were convicted of a misdemeanor criminal offense in Montana, you have the right to seek its complete removal from your record. This is called “expungement” and means that, if approved, the record of your offense will be permanently destroyed, deleted and erased from the Court’s record and from Montana Department of Justice records.

This change can mean a fresh start for you in both your personal and professional life.

Am I eligible for expungement?

In order to be eligible for expungement, you must meet the following criteria:

  • It has been 5 years from the date you completed the sentence for your offense and you have not gotten convicted of any additional offense within that 5-year period OR

  • It has not been 5 years, but you have applied to a military academy OR

  • It has not been 5 years, but you are currently serving in the armed forces or National Guard

In addition, you cannot have any charges pending or currently be in jail.

What makes me a good candidate?

Criminal Misdemeanors that can be expunged include, but are not limited to:

  • Minor in Possession of Alcohol

  • Theft

  • Possession of Dangerous Drugs

  • Possession of Drug Paraphernalia

  • Public Nuisance

  • Criminal Mischief

Expungement is not guaranteed when the offense involves an assault, a PFMA (partner-family member assault), stalking, a violation of an order of protection or a DUI (driving under the influence of alcohol). In these cases, the Court will look at additional factors such as your age at the time you committed the offense, the length of time between the offense and your request for expungement, any rehabilitation, and the estimated likelihood that you will reoffend.

Cromwell Law’s attorneys can handle the process of your expungement so you can look forward to a bright future full of opportunity.