2023 Montana Code Annotated
Title 46. Criminal Procedure
Chapter 18. Sentence and Judgment
Part 11. Expungement of Records
46-18-1108. When expungement not presumed
46-18-1108. When expungement not presumed. (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.
History: En. Sec. 7, Ch. 384, L. 2019.
