Montana § 46-18-1109 Procedure

Montana Statutes

§ 46-18-1109 — Procedure

Montana § 46-18-1109

Title 46CRIMINAL PROCEDURE

Ch. 18SENTENCE AND JUDGMENT

Part 11Expungement of Records

This text of Montana § 46-18-1109 (Procedure) 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. § 46-18-1109 (2026).

Text

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.