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Montana: Adult Non-Conviction Arrests (MT-NC-1)
Photographs and fingerprints taken at arrest or summons must be returned to the person if no charges are filed, no conviction is obtained, or the conviction is invalidated. Mont. Code Ann. § 44-5-202.
Record Detail(s)
Charges resolved in favor of defendant
Charges not filed
Previous Conviction Disqualifying
No
Mandatory / Discretionary
Mandatory
Hearing
No
Clearance Process
Automatic
Remedy
Return and Expunge
Ineligible Category or Citation
There is no statutory language regarding ineligible offenses.
Procedure General
The procedure is automatic. For the specific procedure, see Mont. Code Ann. § 44-5-202(8).
Fees
There is no statutory language regarding fees.
Effect
Photographs and fingerprints taken of the individual must be returned by the state repository to the originating agency, which shall expunge all copies. A criminal justice agency may not maintain any copies of the individual's fingerprints or photographs related to that charge or invalidated conviction.Mont. Code Ann. § 44-5-202(8).
Forms
For an application to expunge the records, visit here.
Waiting Periods
There is no statutory language regarding a waiting period.
