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| Montana | Montana | Montana | Montana | Montana | Montana | Montana | Montana | North Carolina | North Carolina | North Carolina | North Carolina | North Carolina | North Carolina | North Carolina | North Carolina | North Carolina | North Carolina | North Carolina | North Carolina | |
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| Clearance policy overview | Informal youth court records for a youth that was involved only in informal proceedings and had been placed on extended supervision, must be destroyed when the extended supervision ends. Mont. Code Ann. § 41-5-216(7)(c). | Records required by the Sexual or Violent Offender Registration Act are expunged upon final reversal of conviction. Mont. Code Ann. § 46-23-510. | Certain records can be expunged by the court after sentence completion, and expungement is presumed when five years has passed or when expungement is needed for military enlistment or promotion. Mont. Code Ann. § 46-18-1107. | Records of a conviction for prostitution, promoting prostitution, or any other nonviolent offense that occurred as a direct result of the petitioner having been a victim of human trafficking will become confidential when the conviction is vacated. Mont. Code Ann. § 46-18-608. | Records of a person with one or more misdemeanor offenses, whether in one court or multiple courts and whether in one case or multiple cases, and who has not had their records expunged under this statute previously, can be expunged. Mont. Code Ann. § 46-18-1104. | Records of a case that was dismissed after a deferred sentence under section 46-18-208 are confidential. Mont. Code Ann. § 46-18-204. | Records of a case handled in drug court can be expunged upon the successful completion of a drug court program. Mont. Code Ann. § 46-1-1104. | Records of a charge or conviction containing the name of an identity theft victim as the perpetrator of a crime can be expunged by the court. Mont. Code Ann. § 46-24-219. | Records relating to any misdemeanor or Class H or I felonies committed prior to December 1, 2019, and while the person was less than 18 years of age, but at least 16 years of age, may be expunged by the court after completion of sentence and restitution. N.C. Gen. Stat. § 15A-145.8A(a). | Records relating to certain gang-related felonies committed before age 18 can be expunged by the court two years after conviction or upon completion of probation, so long as the person has no other felony or misdemeanor conviction, other than a traffic violation. N.C. Gen. Stat. § 15A-145.1(a). | Records relating to a conviction for prostitution can be expunged by the court three years after sentence completion, so long as the petition has no prior violent convictions, prior prostitution convictions, and violent felony or violent misdemeanor convictions. N.C. Gen. Stat. §15A-145.6. | Records relating to misdemeanor offenses committed before age 18 can be expunged by the court two years after a conviction or completion of any period of probation, whichever occurs later, so long as the petitioner has no other felony or misdemeanor conviction, other than a traffic violation. N.C. Gen. Stat. § 15A-145(a). | Records relating to an alcohol possession misdemeanor committed before age 21 may be expunged by the court two years after sentence completion, so long as the person has no other felony or misdemeanor conviction other than a traffic violation and it is a first conviction. N.C. Gen. Stat. § 15A-145. | Records relating to certain first offense misdemeanor and felony controlled substance offenses committed when the person was not over 21 can be expunged by the court one year after conviction, so long as the person has no prior felony or misdemeanor conviction, other than a traffic violation. N.C. Gen. Stat. § 15A-145.2(c). | Records relating to first offense of controlled substances, misdemeanor convictions, or possession of drug paraphernalia conviction committed before age 21 may be expunged one year after conviction, so long as the person has no other felony or misdemeanor conviction other than a traffic violation and has completed a drug education program. N.C. Gen. Stat. § 15A-145.3(c). | Records relating to a juvenile petition that the court dismissed without an adjudication can be expunged by the court once the juvenile reaches age 16. N.C. Gen. Stat. § 7B-3200(h). | A record relating to an adjudication can be expunged by the court once the juvenile reaches age 18. N.C. Gen. Stat. §7B-3200(b). | Records relating to no more than three non-violent felony convictions, can be expunged 10 to 20 years after sentence completion. N.C. Gen. Stat. § 15A-145.5(c)(2). | Records relating to a non-violent misdemeanor conviction, or more than one conviction in the same session of court, can be expunged five years after sentence completion, so long as the person has no other felony or misdemeanor convictions other than a traffic violation. N.C. Gen. Stat. § 15A-145.5. | Records relating to any offenses that were discharged or dismissed pursuant to G.S. 14-277.8, and the person was under 20 years of age at the time of the offense, may be expunged by the court. |
| Ineligible Category or Citation | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | There is no statutory language on ineligible offenses, but see offenses (partner or family member assault, stalking sexual assault, a violation of a protective order, or driving under the influence of alcohol or drugs) for which expungement may not be presumed. Mont. Code Ann. § 46-18-1108. | This section applies only to prostitution, promoting prostitution, and other nonviolent offenses. Mont. Code Ann. § 46-18-608(1). | Those who have previously had a record expunged under 46-18-1104 are ineligible. Mont. Code Ann. § 46-18-1104(a). | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | Ineligible offenses include Chapter 20 of the General Statutes, including any offense involving impaired driving as defined in G.S. 20-4.01(24a) or (ii) an offense requiring registration pursuant to Article 27A of Chapter 14 of the General Statutes, whether or not the person is currently required to register. N.C. Gen. Stat. § 15A-145.8A. | This provision applies only to Class H felony offenses under Article 13A of Chapter 14 or an enhanced offense under section 14-50.22. N.C. Gen. Stat. § 15A-145.1(a). | This provision only applies only to prostitution convictions specified in 15A-145.6(a)(1). | This provision applies to misdemeanors, other than traffic violations, that occur before the person turned 18. | This provision applies only to first-offense possession of alcohol misdemeanor convictions under Section 8B-302(b)(1) committed before the person turned 21. | This provision applies only to first-offender convictions under Article 5 of Chapter 90 of the General Statutes of possessing a controlled substance included within Schedules I through VI of Chapter 90, possession of drug paraphernalia as prohibited by section 90-113.22, and felonies under section 90-95(a)(3). N.C. Gen. Stat. § 15A-145.2(c). | This provision applies only to offenses specified in N.C. Gen. Stat. section 15A-145.3(c). | There is no statutory language regarding ineligible offenses. | The offense cannot have been a Class A, B1, B2, C, D, or E felony if committed by an adult. N.C. Gen. Stat. § 7B-3200(b)(1). | See section 15A-145.5(a) for offenses ineligible for expungement. | See 15A-145.5(a) for offenses ineligible for expungement. | Ineligible offenses described in N.C. Gen. Stat. § 15A-145.7(a)(1). |
| Clearance Process | Automatic | Automatic | Petition-based | Petition-based | Petition-based | Automatic | Automatic | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Varies | Petition-based | Petition-based | Petition-based |
| Waiting Periods | The record will be destroyed when the extended supervision ends. Mont. Code Ann. § 41-5-216(7)(c). | There is no statutory language regarding a waiting period. | A petition can be filed after sentence completion. | The petition must be filed within a reasonable time after the person ceased to be involved in human trafficking or sought services for human trafficking victims, subject to reasonable safety concerns. Mont. Code Ann. § 46-18-608(2)(a). | There is no statutory language regarding a waiting period. | There is no statutory language regarding a waiting period. | There is no statutory language regarding a waiting period. | There is no statutory language regarding a waiting period. | There is no waiting period. | The petition can be filed two years after date of conviction or completion of any period of probation, whichever is later. | The petition can be filed three years after the date of conviction or when any active sentence, period of probation, and post-release supervision has been served, whichever is later. | The petition can be filed two years after the date of conviction or completion of any period of probation, whichever is later. | The petition can be filed two years after the date of conviction or completion of any period of probation, whichever is later. | The petition can be filed 12 months after the conviction. | The petition can be filed not sooner than 12 months after the conviction. | The petition can be filed upon the juvenile attaining age 16. N.C. Gen. Stat. § 7B-3200(h). | The person must be 18 years old and at least 18 months must have elapsed since the person was released from juvenile court jurisdiction. N.C. Gen. Stat. § 7B-3200(b)(2). The petition can be filed upon the person turning 18 years old, if at least 18 months have elapsed since release from juvenile court jurisdiction. N.C. Gen. Stat. § 7B-3200(b)(2). | The petition may be filed 10 years after the date of conviction or when any active sentence, period of probation, and post-release supervision has been served, whichever occurs later. N.C. Gen. Stat. § 15A-145.5(c). | The petition may be filed five years after the date of conviction or when any active sentence, period of probation, and post-release supervision has been served, whichever occurs later. N.C. Gen. Stat. § 15A-145.5(c). | There is no statutory language regarding a waiting period. |
| Fees | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | No fees can be charged by the court. Mont. Code Ann. § 46-24-219(4). | The $175 filing fee is waivable if petitioner is indigent. N.C. Gen. Stat. § 15A-145.8A(g) | The $175 filing fee is waivable if the petitioner is indigent. N.C. Gen. Stat. § 15A-145.1(d). | There is no statutory language regarding fees. | The $175 filing fee is waivable if petitioner is indigent. N.C. Gen. Stat. § 15A-145(e). | The $175 filing fee is waivable if the petitioner is indigent. N.C. Gen. Stat. § 15A-145(e). | The $175 filing fee is waivable if the petitioner is indigent. N.C. Gen. Stat. § 15A-145.2(d). | The $175 filing fee is waivable if the petitioner is indigent. N.C. Gen. Stat. § 15A-145.3(d). | There is no statutory language regarding fees. | There is no statutory language regarding fees. | The $175 filing fee is waivable if petitioner is indigent. N.C. Gen. Stat. § 15A-145.5(g). | The $175 filing fee is waivable if petitioner is indigent. N.C. Gen. Stat. §§ 15A-145.5(g). | The $175 filing fee is waivable if petitioner is indigent. N.C. Gen. Stat. § 15A-145.7(d). |
| Effect | Informal youth court records that are in hard-copy form must be destroyed, and any electronic records in the youth court management information system must disassociate the offense and disposition information from the name of the youth. Mont. Code Ann. § 41-5-216(7)(c). A destroyed record must be rendered inaccessible and unrecoverable and disposed of in a manner in which confidentiality is protected, which can include disassociating the offense and disposition information from the name of the youth. Mont. Code Ann. § 41-5-220. | Records kept by a court, law enforcement agency, or other state or local government agency as required by the Sexual or Violent Offender Registration Act are expunged. Mont. Code Ann. § 46-23-510. See Mont. Code Ann. § 46-23-501 et seq. | Upon receipt of an expungement order, the department of justice shall, within existing department resources, expunge all records of arrest, investigation, detention, and court proceedings relating to the person's offenses addressed by the order. Mont. Code Ann. § 46-18-1110. | All records and data relating to the charge are confidential criminal justice information, and public access to the information can be obtained only by district court order for good cause. Mont. Code Ann. §§ 46-18-608, 44-5-103. | Upon receipt of an expungement order, the department of justice shall, within existing department resources, expunge all records of arrest, investigation, detention, and court proceedings relating to the person's offenses addressed by the order. Mont. Code Ann. § 46-18-1104. | All records and data relating to the charge are confidential criminal justice information, and public access to the information can be obtained only by district court order for good cause. Mont. Code Ann. §§ 46-18-204, 44-5-103. | The case records are expunged. Mont. Code Ann. § 46-1-1104(4). | The state's Department of Justice expunges pertinent records. Mont. Code Ann. § 46-24-219. | The court shall order that the person be restored to the status the person occupied before such arrest or indictment or information, and that the record be expunged from the records of the court. A person convicted of multiple offenses shall be eligible to have those convictions expunged pursuant to this section. N.C. Gen. Stat. § 15A-145.8A(d). | The court shall order that such person be restored to the status occupied by the petitioner before such arrest or indictment or information, and that the record be expunged from the records of the court. N.C. Gen. Stat. § 15A-145.1(b). | The person need not disclose the arrest or court proceedings, except in the circumstances specified in section N.C. Gen. Stat. §15A-145.6(g1). | The person need not disclose the arrest or court proceedings. N.C. Gen. Stat. § 15A-145.1(b). | No person as to whom such order has been entered shall be held thereafter under any provision of any laws to be guilty of perjury or otherwise giving a false statement by reason of his failure to recite or acknowledge such arrest, or indictment, information, or trial, or response to any inquiry made of him for any purpose. N.C. Gen. Stat. §15A-145(b1). | If the court grants the petition, the conviction is canceled and the records of arrest and court proceedings are expunged. The person need not disclose the arrest or court proceedings. N.C. Gen. Stat. § 15A-145.2(c). | A conviction in which the judgment of conviction has been cancelled and the records expunged pursuant to this subsection shall not be thereafter deemed a conviction for purposes of this subsection or for purposes of disqualifications or liabilities imposed by law upon conviction of a crime, except as provided in G.S. 15A-151.5.Cancellation and expunction under this subsection may occur only once with respect to any person. N.C. Gen. Stat. § 15A-145.3(c). | The court shall order the clerk and the appropriate law enforcement agencies to expunge their records of the allegations of delinquent or undisciplined acts including all references to arrests, complaints, referrals, juvenile petitions, and orders. The clerk shall forward a certified copy of the order of expunction to the sheriff, chief of police, or other appropriate law enforcement agency, and to the chief court counselor, and these specified officials shall immediately destroy all records relating to the allegations that the juvenile was delinquent or undisciplined. N.C. Gen. Stat. § 7B-3200(h). | The court shall order the clerk and the appropriate law enforcement agencies to expunge their records of the allegations of delinquent or undisciplined acts including all references to arrests, complaints, referrals, juvenile petitions, and orders. The clerk shall forward a certified copy of the order of expunction to the sheriff, chief of police, or other appropriate law enforcement agency, and to the chief court counselor, and these specified officials shall immediately destroy all records relating to the allegations that the juvenile was delinquent or undisciplined. N.C. Gen. Stat. § 7B-3200(h). | No person as to whom an order has been entered pursuant to subsection (c) of this section shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of that person's failure to recite or acknowledge the arrest, indictment, information, trial, or conviction. This subsection shall not apply to a sentencing hearing when the person has been convicted of a subsequent criminal offense. N.C. Gen. Stat. § 15A-145.5(d). | No person as to whom an order has been entered pursuant to subsection (c) of this section shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of that person's failure to recite or acknowledge the arrest, indictment, information, trial, or conviction. This subsection shall not apply to a sentencing hearing when the person has been convicted of a subsequent criminal offense. N.C. Gen. Stat. § 15A-145.5(d). | The effect of such order shall be to restore such person in the contemplation of the law to the status the person occupied before such arrest or indictment or information. N.C. Gen. Stat. § 15A-145.7(d). |
| Remedy | Delete | Expunge | Expunge | Shield | Expunge | Shield | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge |
