Montana § 46-24-219 Application To Expunge Record -- Identity Theft Passport Required -- Notice -- Fee Waiver -- Rules

Montana Statutes

§ 46-24-219 — Application To Expunge Record -- Identity Theft Passport Required -- Notice -- Fee Waiver -- Rules

Montana § 46-24-219

Title 46CRIMINAL PROCEDURE

Ch. 24TREATMENT OF VICTIMS AND WITNESSES

Part 2Services to Victim, Witness

This text of Montana § 46-24-219 (Application To Expunge Record -- Identity Theft Passport Required -- Notice -- Fee Waiver -- Rules) 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. § 46-24-219 (2026).

Text

46-24-219 . Application to expunge record -- identity theft passport required -- notice -- fee waiver -- rules.

(1)A victim of identity theft, as described in 45-6-332 , may apply to a district court to expunge from the victim's record any records or entries relating to a charge or conviction in which another person used personal identifying information of the victim to commit an offense or violation, including records or entries relating to a charge or conviction that was dismissed or set aside.

(2)A victim who applies to have a record expunged shall provide to the court an identity theft passport as provided under 46-24-220 and other documents or information necessary to establish that the charge or conviction referred to in subsection (1) was the result of a person using the personal

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46-24-219 . Application to expunge record -- identity theft passport required -- notice -- fee waiver -- rules. (1) A victim of identity theft, as described in 45-6-332 , may apply to a district court to expunge from the victim's record any records or entries relating to a charge or conviction in which another person used personal identifying information of the victim to commit an offense or violation, including records or entries relating to a charge or conviction that was dismissed or set aside.
(2) A victim who applies to have a record expunged shall provide to the court an identity theft passport as provided under 46-24-220 and other documents or information necessary to establish that the charge or conviction referred to in subsection (1) was the result of a person using the personal identifying information of the victim to commit the offense or violation.
(3) After granting the expungement, the court shall forward a copy of the expungement order to the department of justice. Upon receipt of the court order, the department shall expunge the pertinent records.
(4) Notwithstanding any other provision of law, a victim seeking expungement under this section may not be charged a fee by the court.
(5) The department of justice may adopt rules to implement procedures regarding law enforcement agency procedures for handling the expunged records.