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2019 Montana Code Annotated
Title 46. Criminal Procedure
Chapter 18. Sentence and Judgment
Part 11. Expungement of Records
46-18-1109. Procedure
Universal Citation: MT Code § 46-18-1109 (2019)
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.
History: En. Sec. 8, Ch. 384, L. 2019.
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