Bill > HB795

This bill revises Montana's expungement laws to expand eligibility for record clearing to include certain nonviolent felony offenses, in addition to existing misdemeanor expungement provisions. The bill modifies several key definitions and procedures, including introducing a new definition of "nonviolent felony offense" as any felony that is not a violent offense, and establishing different waiting periods for expungement based on the type of offense. For misdemeanors, the waiting period remains 5 years after completing sentencing, while nonviolent felonies now have a 10-year waiting period. Individuals are still limited to one lifetime expungement petition, and must be fingerprinted as part of the process. The bill maintains certain restrictions on expungement, such as excluding offenses involving domestic violence, sexual crimes, and driving under the influence. When considering an expungement request, courts will evaluate factors like the petitioner's age at the time of the offense, time elapsed since the offense, rehabilitation efforts, and likelihood of reoffending. If granted, the expungement order requires various agencies to seal and permanently destroy records related to the specified offense, helping individuals with certain criminal histories potentially clear their records and improve future opportunities.

Justice

https://bills.legmt.gov/#/laws/bill/2/LC0577