{"data":{"id":"us-mt/46-24-219","jurisdiction":"us-mt","citation":"46-24-219","heading":"Application to expunge record -- identity theft passport required -- notice -- fee waiver -- rules.","body":"(1) A victim of identity theft, as described in 45-6-332, may apply to a district court to expunge from the victim's record any records or entries relating to a charge or conviction in which another person used personal identifying information of the victim to commit an offense or violation, including records or entries relating to a charge or conviction that was dismissed or set aside.\n(2) A victim who applies to have a record expunged shall provide to the court an identity theft passport as provided under 46-24-220 and other documents or information necessary to establish that the charge or conviction referred to in subsection (1) was the result of a person using the personal identifying information of the victim to commit the offense or violation.\n(3) After granting the expungement, the court shall forward a copy of the expungement order to the department of justice. Upon receipt of the court order, the department shall expunge the pertinent records.\n(4) Notwithstanding any other provision of law, a victim seeking expungement under this section may not be charged a fee by the court.\n(5) The department of justice may adopt rules to implement procedures regarding law enforcement agency procedures for handling the expunged records.","path":["TITLE 46. CRIMINAL PROCEDURE","CHAPTER 24. TREATMENT OF VICTIMS AND WITNESSES","Part 2. Services to Victim, Witness"],"source_url":"https://mca.legmt.gov/bills/mca/title_0460/chapter_0240/part_0020/section_0190/0460-0240-0020-0190.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:55:58Z","sha256":"d99cd2c97d75d50c72ccd4e055a5d0bfa39242e87a59ab72ec548e94e2135b68","source_id":"us-mt","stale":false,"prev":"us-mt/46-24-218","next":"us-mt/46-24-220"},"notice":"GroundRules: Original legal text. Not legal advice."}