## Juvenile record expungement in Montana Juvenile records — adjudications, arrests, dispositions — can usually be expunged or sealed once the person reaches adulthood. Procedures and eligibility vary dramatically by state. ## Why juvenile expungement matters Even sealed / expunged juvenile records can affect: - College admissions - Financial aid - Employment background checks - Professional licenses - Military enlistment - Immigration - Subsequent criminal cases (sometimes still considered) - Public housing Expungement / sealing improves all these outcomes. ## Two main approaches **1. Automatic expungement / sealing:** - At age of majority (18) or specified later age - No petition required - Many states do this for non-serious offenses - Most efficient **2. Petition-based:** - Person must file motion / petition - Typically a waiting period after disposition - Court reviews + grants - More common for serious offenses Many states use BOTH — automatic for some categories, petition for others. ## Common eligibility requirements - **Reaching age of majority** (18 in most states; 21 in some) - **Waiting period** after disposition (1-7 years typical) - **No subsequent adult convictions** (in many states) - **Successful completion** of probation / disposition - **Payment of fines / restitution** - **Non-violent / non-sex offense** (varies) ## What's typically eligible **Most states allow expungement for:** - Status offenses (curfew, runaway, truancy) - Misdemeanor adjudications - Lesser felonies (especially Class C / D / E) - Drug-possession cases - Property crimes - Diversion / dismissal cases **Often NOT eligible:** - Serious violent felonies (murder, kidnapping, sexual assault) - Sex offenses requiring registry - Some firearm offenses - Certain DUI offenses - Cases transferred to adult court ## What expungement / sealing means **Expungement (varies by state):** - Records destroyed in some states - Records sealed in others - May be electronically purged - Background checks should not show - Person can answer "no" on most applications - Some agencies retain access (law enforcement, military) **Sealing:** - Records exist but not publicly accessible - More limited than full expungement - Law enforcement / certain agencies retain access ## Process — petition-based 1. **Determine eligibility** under state law 2. **Wait for required period** post-disposition 3. **Gather records** — court records, arrest records, fingerprints 4. **File petition** in appropriate court (juvenile / family / criminal) 5. **Notice** to prosecutor / arresting agency 6. **Possible objection / hearing** 7. **Court order** if granted 8. **Records destroyed / sealed** by all relevant agencies ## Common pitfalls - **Subsequent adult convictions** disqualify in many states - **Multiple juvenile cases** — different rules per case - **Federal records** — state expungement doesn't affect federal records - **Old digital footprints** — even after sealing, internet records persist - **Fingerprint databases** — federal NCIC retention ## Reform trends Recent legislative trends: - More automatic expungement - Reduced waiting periods - Broader eligibility - "Clean Slate" automation extending to juvenile - Recognition of impact on disadvantaged communities ## Federal records issues Even with state expungement: - **FBI NCIC database** retains records - **Federal court records** unaffected by state action - **Federal background checks** may still show - **Some federal employers / agencies** access NCIC ## Background checks after expungement - **Standard commercial background checks** — usually don't show - **FBI checks** — may still show - **State police checks** — varies - **Specialized industry checks** (security, healthcare, education) — often more thorough ## Best practices - File for expungement as soon as eligible - Keep court order showing expungement - Get certified copies - Notify any agencies you've previously dealt with - Check that all relevant agencies have actually purged records - Periodic background-check verification ## What you should do If you (or your child) has a juvenile record in Montana: research automatic expungement first. If petition required, file as soon as eligible. Most Montana criminal-defense attorneys handle juvenile expungement on flat-fee basis ($500-$2,500 typical). Many legal-aid organizations help low-income clients with expungement at no cost. --- *This guide is general information about Montana law as of early 2026 and is not legal advice. Juvenile expungement law varies. Talk to a licensed Montana criminal-defense attorney about your specific case.*