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Montana Title 46. Criminal Procedure § 46-18-1108. When expungement not presumed

Current as of January 01, 2024 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Montana Title 46. Criminal Procedure § 46-18-1108. When expungement not presumed - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-46-criminal-procedure/mt-st-46-18-1108/

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