Montana § 46-18-1108 When Expungement Not Presumed

Montana Statutes

§ 46-18-1108 — When Expungement Not Presumed

Montana § 46-18-1108

Title 46CRIMINAL PROCEDURE

Ch. 18SENTENCE AND JUDGMENT

Part 11Expungement of Records

This text of Montana § 46-18-1108 (When Expungement Not Presumed) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 46-18-1108 (2026).

Text

46-18-1108 . When expungement not presumed.

(1)Expungement may not be presumed if the person seeking expungement has one or more convictions for assault under 45-5-201 , partner or family member assault under 45-5-206 , stalking under 45-5-220 , sexual assault under 45-5-502 , a violation of a protective order under 45-5-626 , or driving under the influence of alcohol or drugs, however named, under Title 61, chapter 8, part 10, or any offense that carries a statutorily enhanced penalty as a result of the offender driving under the influence of alcohol or drugs.

(2)In making the determination of whether expungement should be granted, the district court shall consider:

(a)the age of the petitioner at the time the offense was committed;

(b)the length of time between the offense and the re

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46-18-1108 . When expungement not presumed. (1) Expungement may not be presumed if the person seeking expungement has one or more convictions for assault under 45-5-201 , partner or family member assault under 45-5-206 , stalking under 45-5-220 , sexual assault under 45-5-502 , a violation of a protective order under 45-5-626 , or driving under the influence of alcohol or drugs, however named, under Title 61, chapter 8, part 10, or any offense that carries a statutorily enhanced penalty as a result of the offender driving under the influence of alcohol or drugs.
(2) In making the determination of whether expungement should be granted, the district court shall consider:
(a) the age of the petitioner at the time the offense was committed;
(b) the length of time between the offense and the request;
(c) the rehabilitation of the petitioner;
(d) the likelihood that the person will reoffend; and
(e) any other factor the court considers relevant.