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 expungement eligibility, stipulating that individuals must wait five years for misdemeanors and ten years for nonviolent felonies after completing their sentencing terms. It also clarifies that expungement is not presumed for individuals with certain serious convictions, including various forms of assault and driving under the influence. The court will consider multiple factors, such as the petitioner's age at the time of the offense and their rehabilitation, when determining whether to grant expungement. Overall, this bill seeks to provide a pathway for individuals with nonviolent felony convictions to clear their 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(2): 46-18-1102, 46-18-1103, 46-18-1104, 46-18-1105, 46-18-1107, 46-18-1108, 46-18-1110
HB0795_1(3): 46-18-1102, 46-18-1103, 46-18-1104, 46-18-1105, 46-18-1107, 46-18-1108, 46-18-1110
HB0795_1(4): 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