{"data":{"id":"us-mt/46-18-1108","jurisdiction":"us-mt","citation":"46-18-1108","heading":"When expungement not presumed.","body":"(1) Expungement may not be presumed if the person seeking expungement has one or more convictions for assault under 45-5-201, partner or family member assault under 45-5-206, stalking under 45-5-220, sexual assault under 45-5-502, a violation of a protective order under 45-5-626, or driving under the influence of alcohol or drugs, however named, under Title 61, chapter 8, part 10, or any offense that carries a statutorily enhanced penalty as a result of the offender driving under the influence of alcohol or drugs.\n(2) In making the determination of whether expungement should be granted, the district court shall consider:\n(a) the age of the petitioner at the time the offense was committed;\n(b) the length of time between the offense and the request;\n(c) the rehabilitation of the petitioner;\n(d) the likelihood that the person will reoffend; and\n(e) any other factor the court considers relevant.","path":["TITLE 46. CRIMINAL PROCEDURE","CHAPTER 18. SENTENCE AND JUDGMENT","Part 11. Expungement of Records"],"source_url":"https://mca.legmt.gov/bills/mca/title_0460/chapter_0180/part_0110/section_0080/0460-0180-0110-0080.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:55:52Z","sha256":"b10f3fea47ef150a0f96b411e9a215ac4fc4ada37b217d10d2067e9637a36782","source_id":"us-mt","stale":false,"prev":"us-mt/46-18-1107","next":"us-mt/46-18-1109"},"notice":"GroundRules: Original legal text. Not legal advice."}