When a Montana court defers imposition of sentence and the deferral period ends, the court can let you withdraw your plea and dismiss the charge, and from then on the records are confidential. For a misdemeanor partner or family member assault (PFMA), that dismissal is something the court may grant on a motion. It does not happen by itself. This page is part of our Montana Domestic Violence Guide.
What a Deferred Imposition of Sentence Is
After a guilty plea, a no contest plea, or a guilty verdict, a judge may defer imposing sentence instead of sentencing right away. The limits are 1 year for a misdemeanor and 3 years for a felony, or 2 years and 6 years if a financial obligation is imposed as a condition (MCA § 46-18-201(1)(a)). A felony sentence generally cannot be deferred for a person with a prior felony conviction (MCA § 46-18-201(1)(b)).
During the deferral you live under conditions. In a PFMA case those typically track the statute's own requirements, such as the counseling assessment and at least 40 hours of counseling (MCA § 45-5-206(4)). Whether a deferral is available in a given PFMA case, and how it interacts with the statute's minimum jail terms, is covered on our deferred sentences and PFMA page.
How the Dismissal Happens
The dismissal statute, MCA § 46-18-204, draws a line between felonies and misdemeanors:
- Felony: the court "shall" strike the plea or verdict and order the charge dismissed, provided a petition for revocation has not 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."
The word "may" matters. In a misdemeanor PFMA, a motion usually has to be filed, and the judge decides. A copy of the dismissal order must then be sent to the prosecutor and the Department of Justice with a form identifying the defendant (MCA § 46-18-204(2)). If no one files the motion, the public record can keep showing an open deferred sentence long after the period has run.
A deferred sentence can sometimes end early. A motion to terminate the remaining time may be filed once the defendant has served 2 years or one-half of the sentence, whichever is less, and has shown compliance with supervision requirements (MCA § 46-18-208(1)(a)).
Until the dismissal order is entered, nothing about the case is hidden. Deferred sentences are listed as public criminal justice information (MCA § 44-5-103(13)(c)), so an employer or landlord who checks during the deferral period will see the charge, the plea, and the deferred sentence. Two practical steps follow. Ask your lawyer who will file the motion when the period ends, and put the date on your calendar. Then, a few weeks after the order is signed, confirm that the court record shows the dismissal and that the Department of Justice received its copy.
What Becomes Confidential, and for Whom
After the charge is dismissed, "all records and data relating to the charge are confidential criminal justice information," and "public access to the information may be obtained only by district court order upon good cause shown" (MCA § 46-18-204(2)).
| Who | Access after dismissal | Source |
|---|---|---|
| The general public and most employers | Access only by district court order on good cause shown | § 46-18-204(2) |
| Courts, prosecutors, and law enforcement | Still have access as criminal justice agencies | § 44-5-303(1) |
| Montana professional licensing boards | Designated as criminal justice agencies for obtaining confidential information about licensees and applicants | § 37-1-307(3) |
| Federal immigration authorities | Apply a federal definition of conviction that does not depend on the Montana dismissal | 8 U.S.C. § 1101(a)(48)(A) |
What Still Follows You After Dismissal
Immigration. Federal immigration law counts a case as a conviction when a person has pleaded guilty or no contest, or been found guilty, and the judge has ordered some form of punishment, penalty, or restraint on liberty, even if adjudication of guilt was withheld (8 U.S.C. § 1101(a)(48)(A)). A deferred sentence begins with exactly that: a plea or verdict, followed by conditions. A non-citizen should not assume a Montana dismissal ends the federal question. See immigration consequences of a PFMA.
Firearms. Whether a deferred and dismissed PFMA counts as a conviction for the federal firearm ban is a separate analysis under federal law. So is whether the offense meets the federal definition in the first place: in United States v. DeFrance, 124 F.4th 814 (9th Cir. 2024), the Ninth Circuit held that the bodily injury form of PFMA, MCA § 45-5-206(1)(a), does not, and it did not decide the other subsections (see does a Montana PFMA count under federal law). Do not assume the answer. Read deferred sentences and gun rights and get advice first.
Licenses. Licensing boards can obtain confidential criminal justice information about their licensees and applicants (MCA § 37-1-307(3)). See PFMA and professional licenses.
Dismissal Versus Expungement
A dismissal after a deferred sentence restricts who can see the records. Expungement orders agencies to seal their files and the Department of Justice to destroy its record, and it is limited to one petition in a lifetime. They are different tools, and which one fits depends on how your case ended. The overview page, how long a PFMA stays on your record, compares the outcomes side by side.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.