Montana § 46-18-1109 Procedure

Montana Statutes

§ 46-18-1109 — Procedure

Montana·Title 46 CRIMINAL PROCEDURE·Ch. 18 SENTENCE AND JUDGMENT·Part 11 Expungement of Records

46-18-1109 . Procedure.

(1)The court must make its determination for an expungement on a preponderance of the evidence.

(2)A presumption in favor of expungement may be overcome upon a determination that the interests of public safety demand dismissal.

(3)If a representative of a prosecution office appears, the representative must be given an opportunity to respond.

(4)If a victim appears, the victim must be given an opportunity to respond.

(5)(a) The rules of evidence do not apply in an expungement hearing.

(b)The court may exclude irrelevant, immaterial, or unduly repetitious evidence.

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46-18-1109 . Procedure. (1) The court must make its determination for an expungement on a preponderance of the evidence.
(2) A presumption in favor of expungement may be overcome upon a determination that the interests of public safety demand dismissal.
(3) If a representative of a prosecution office appears, the representative must be given an opportunity to respond.
(4) If a victim appears, the victim must be given an opportunity to respond.
(5) (a) The rules of evidence do not apply in an expungement hearing.
(b) The court may exclude irrelevant, immaterial, or unduly repetitious evidence.

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