Montana Title 46. Criminal Procedure § 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.