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MT HB795
Bill
Status
5/20/2025
Primary Sponsor
James Reavis
Click for details
AI Summary
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Expands Montana's criminal record expungement eligibility from misdemeanors only to include nonviolent felony offenses, with "nonviolent felony" defined as any felony other than a violent offense under 46-18-104
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Establishes a 10-year waiting period for nonviolent felony expungement (after completing all sentencing terms including financial obligations and treatment), compared to 5 years for misdemeanors
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Limits expungement petitions to one time per person's lifetime, covering offenses from one or multiple courts and cases
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Expungement is not presumed for certain offenses including assault, partner/family member assault, stalking, sexual assault, sexual abuse of children, ritual abuse of a minor, protective order violations, and DUI-related offenses
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Renames the existing statute from "Misdemeanor Expungement Clarification Act" to "Expungement Clarification Act" to reflect the expanded scope
Legislative Description
Revise expungement laws to allow for certain nonviolent felony records
Criminal Procedure
Last Action
(H) Died in Process
5/20/2025