A deferred imposition of sentence that is later dismissed may keep a conviction from counting under the federal firearm bans, but the timing and the paperwork matter, and part of the question is not settled by any source we can point you to. This page lays out what the Montana and federal statutes say, stage by stage, and marks the points that need an attorney's confirmation. It is part of the firearm section of our Montana Domestic Violence Guide.
What a Deferred Imposition of Sentence Is
When a person has been found guilty by a verdict or a plea of guilty or nolo contendere, a Montana judge may defer imposing sentence, except where a statute provides otherwise, for up to 1 year for a misdemeanor or 3 years for a felony. The limits are 2 years and 6 years if a financial obligation is imposed as a condition (MCA § 46-18-201(1)(a)). During that time the person lives under conditions set by the court.
Whether a deferral is available in a PFMA case at all, given the statute's minimum jail terms, is covered on our page about deferred sentences and PFMA. This page assumes one was granted.
What Happens at the End
The dismissal statute treats felonies and misdemeanors differently (MCA § 46-18-204(1)):
- Felony: after the deferral period ends, the court "shall strike the plea of guilty or nolo contendere or the verdict of guilty from the record and order that the charge or charges against the defendant be dismissed," provided no petition for revocation has been filed.
- Misdemeanor: "upon motion of the court, the defendant, or the defendant's attorney, the court may allow the defendant to withdraw a plea of guilty or nolo contendere or may strike the verdict of guilty from the record and order that the charge or charges against the defendant be dismissed."
After dismissal, the records are confidential criminal justice information, and public access requires a district court order on good cause shown (MCA § 46-18-204(2)). For a misdemeanor, the word "may" and the need for a motion mean the dismissal does not happen by itself.
How Federal Law Decides What a Conviction Is
For the felony ban, the federal statute says: "What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held," and a conviction that has been expunged or set aside is not counted unless the order expressly restricts firearms (18 U.S.C. § 921(a)(20)). For the misdemeanor domestic violence ban, the statute has the same expunged or set aside language (§ 921(a)(33)(B)(ii)), and the federal regulation adds that a person is not considered convicted unless "considered to have been convicted by the jurisdiction in which the proceedings were held" (27 C.F.R. § 478.11).
So the federal answer depends on two Montana questions: is a person on a deferred sentence "convicted" under Montana law, and is a dismissal under § 46-18-204 a conviction "set aside"?
Stage by Stage
| Stage | What the statutes say | What to do |
|---|---|---|
| During the deferral period | A plea or verdict of guilty has been entered and conditions are in force. Whether that is a conviction for federal firearm purposes turns on Montana law and is not settled by the statutes we read. | Follow every condition. Treat firearm possession as a question for your lawyer, not an assumption. |
| After the period, no dismissal yet | For a misdemeanor, dismissal is not automatic. It requires a motion and the court's decision. | Nothing has changed on the record until the court enters an order. |
| After a dismissal order | The plea is withdrawn or the verdict struck, the charge is dismissed, and the records become confidential criminal justice information. | Federal law does not count a conviction that has been set aside. Whether this order qualifies should be confirmed by a lawyer. |
What Is Not Settled
We want to be direct about the limits of this page. The statutes quoted above do not say, in so many words, whether a person is "convicted" for federal firearm purposes during a Montana deferral period, or whether a § 46-18-204 dismissal is a set-aside under federal law. Those are questions that court decisions answer, and we are not citing a decision here because we have not confirmed one that controls. An attorney should confirm the answer for your offense and your court before you rely on it.
One more caution: a deferral can be revoked. The felony dismissal rule applies only if no petition for revocation under MCA § 46-18-203 has been filed, so a violation of the conditions can put the dismissal at risk.
Court Conditions Still Apply
Whatever the federal answer, a condition of the deferral that prohibits firearms or dangerous weapons binds you for as long as it lasts. So does a no contact order or an order of protection. See firearm conditions in a PFMA sentence and orders of protection and guns.
How This Fits With DeFrance
For a misdemeanor PFMA under subsection (1)(a), the Ninth Circuit has held that the federal misdemeanor ban does not apply even to a standing conviction. That makes the deferral question less pressing for that one subsection, in federal courts bound by that decision, for as long as the decision stands. It remains important for felony charges such as a third PFMA or strangulation, where a deferred sentence and its dismissal may decide whether the federal felony ban applies, and for effects on your record.
This page explains Montana and federal law in general as of the 2025 Montana Code Annotated and the current text of 18 U.S.C. § 921. It identifies questions that need an attorney's confirmation. It is not legal advice about your specific case.