House Bill No. introduced by Representatives J. Reavis, D. Zolnikov, J. Morigeau, and J. Trebas aims to revise the criminal record expungement laws in Montana by expanding eligibility for expungement to include certain nonviolent felony offenses. The bill amends several sections of the Montana Code Annotated (MCA), specifically sections 46-18-1102 through 46-18-1110. Key changes include the definition of "nonviolent felony offense," which is now explicitly included, and the eligibility criteria for expungement, allowing individuals convicted of nonviolent felonies to petition for expungement under the same conditions as those convicted of misdemeanors.

Additionally, the bill modifies the timeframes for when expungement is presumed to be granted. It establishes a five-year waiting period for misdemeanors and a ten-year waiting period for nonviolent felonies after completing sentencing terms. The bill also clarifies that expungement may not be presumed for individuals with certain serious convictions, including sexual offenses and driving under the influence. Overall, this legislation seeks to provide a clearer and more inclusive framework for individuals seeking to expunge their criminal records, thereby facilitating their reintegration into society.

Statutes affected:
LC Text: 46-18-1102, 46-18-1103, 46-18-1104, 46-18-1105, 46-18-1107, 46-18-1108, 46-18-1110
HB0795_1(1): 46-18-1102, 46-18-1103, 46-18-1104, 46-18-1105, 46-18-1107, 46-18-1108, 46-18-1110
HB0795_1: 46-18-1102, 46-18-1103, 46-18-1104, 46-18-1105, 46-18-1107, 46-18-1108, 46-18-1110