When a person is charged with a crime or convicted of a crime, the information stays on the person’s criminal record and may be accessed by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check.

Under limited circumstances a person with a criminal record of arrest or conviction may be able to have the criminal record expunged—meaning the record will be permanently destroyed or deleted so it is no longer accessible by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check.

Such an expungement or expunction of a criminal record is different from having a record sealed—which means the record still exists, but access to it is limited. A person whose only criminal record has been expunged may truthfully answer “no” when asked on an employment, licensing, or other application whether the person has ever been convicted of a crime.

Under both state and federal law, in most cases it is not possible to have a person’s criminal conviction expunged. For example, under federal law only a person who is guilty of a minor drug offense under the Controlled Substances Act (21 U.S.C. §844) may have their record expunged. See 18 U.S.C. §3607(c).

Under state laws a person who has been convicted of a crime, pleaded guilty, or pleaded no contest (nolo contendere) is often ineligible to have their criminal record expunged. When a person is eligible to have a criminal record expunged, it is often dependent upon the person successfully completing a probation or deferred adjudication program. And in some states juveniles may be eligible to have a criminal record expunged if the criminal offense was committed before they turned 17 years of age, for example.

Expungement or expunction laws vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.

In Montana, expungement of a criminal record is a legal process that allows an individual to have their criminal record destroyed or deleted under certain conditions, making it inaccessible to courts and other agencies, as well as private entities conducting background checks. However, Montana law is generally restrictive regarding expungement. The state does not allow expungement for most adult criminal convictions. Instead, Montana law provides for the sealing of certain criminal justice information, which limits access to the record rather than destroying it. Sealing is different from expungement in that the record still exists but is not publicly accessible. For juvenile records, Montana does offer more leniency, and expungement may be available for offenses committed before the age of 18 under specific circumstances. The eligibility for expungement or sealing in Montana typically depends on factors such as the nature of the offense, completion of a probation or deferred adjudication program, and the amount of time that has passed since the offense or completion of the sentence. It's important to note that federal law is also restrictive, with limited expungement options, such as for minor drug offenses under the Controlled Substances Act. Individuals interested in understanding their eligibility for expungement or sealing in Montana should consult with an attorney to navigate the complex legal requirements.