Yes, a misdemeanor partner or family member assault (PFMA) conviction can be expunged in Montana, but only by a district court order, only once in your life, and without the presumption that helps most other misdemeanors. This page walks through the statute section by section. It is part of our Montana Domestic Violence Guide and follows from the overview of how long a PFMA stays on your record.

What the Expungement Law Covers

The law is the Misdemeanor Expungement Clarification Act, MCA §§ 46-18-1102 to 46-18-1111. A person convicted of one or more misdemeanors, "whether in one court or multiple courts and whether in one case or multiple cases," who has not used the law before, may petition a district court for an order expunging all records of arrest, investigation, detention, and court proceedings related to the offense or offenses (MCA § 46-18-1104(1)).

To "expunge" means to permanently destroy, delete, or erase a record of an offense from the criminal history record information system kept by the Department of Justice (MCA § 46-18-1103(1)). The definition of "record" does not include a fingerprint record or data that may be kept for investigative purposes (MCA § 46-18-1103(2)(b)).

The law applies to misdemeanors. A first or second PFMA is punished as a misdemeanor. A third or later PFMA can carry up to 5 years (MCA § 45-5-206(3)(a)(iv)) and is outside this law when it is a felony. See is PFMA a felony.

Why PFMA Is Treated Differently

For most misdemeanors, expungement is presumed if the person is not detained or facing charges and has gone 5 years without a conviction since completing the sentence, including financial obligations and court-ordered treatment (MCA § 46-18-1107(1)). A second route to the presumption covers people applying to or serving in the armed forces whose record is holding them back (MCA § 46-18-1107(2)).

Neither route helps with PFMA. The next section says expungement "may not be presumed" if the person has one or more convictions for assault, partner or family member assault, stalking, sexual assault, violation of a protective order, or DUI (MCA § 46-18-1108(1)). As written, that rule turns on the person having such a conviction, so a PFMA on your record appears to remove the presumption for the whole petition, not only for the PFMA itself.

What the Judge Weighs

Without the presumption, the court decides whether expungement should be granted by considering (MCA § 46-18-1108(2)):

  • your age at the time the offense was committed;
  • the length of time between the offense and the request;
  • your rehabilitation;
  • the likelihood that you will reoffend; and
  • any other factor the court considers relevant.

The court decides on a preponderance of the evidence, and the rules of evidence do not apply at an expungement hearing (MCA § 46-18-1109(1), (5)). That means the judge can consider letters, treatment records, and similar material. Completion of the counseling requirement and a clean record since are the kind of facts that speak to rehabilitation, though nothing in the statute promises a result.

Filing, Notice, and the Hearing

  1. Where: the district court of a judicial district in which you were convicted of a misdemeanor you want expunged (MCA § 46-18-1105). The petition goes to district court even if the conviction was in a justice, city, or municipal court.
  2. Fingerprints: you must be fingerprinted to validate your identity (MCA § 46-18-1104(3)).
  3. Service: you must serve a copy of the petition on every prosecution office that prosecuted an offense in the petition (MCA § 46-18-1106(1)).
  4. Victim notice: the prosecution office attempts to notify the victim within 14 days and documents the attempt (MCA § 46-18-1106(2)). That notice comes from the prosecutor. It is not something you do yourself, and if a no contact order or order of protection is in place, it still applies.
  5. Hearing: if a prosecutor or the victim appears, each must be given an opportunity to respond (MCA § 46-18-1109(3), (4)).

What an Expungement Order Does

When several misdemeanors are in the petition, the court may expunge all, some, or none (MCA § 46-18-1110(1)). If the order is granted, it directs the arresting agency, the prosecutor's office, and the clerk of the sentencing court to permanently seal their records of the arrest, investigation, detention, and court proceedings. You then send a copy of the order, your fingerprints, and a Department of Justice form to each of those offices and to the Department of Justice, which expunges its records (MCA § 46-18-1110(2), (3)).

The order reaches the agencies named in it. The statute does not address copies already held by private background check companies, federal agencies, or other countries. Immigration law in particular uses its own definition of a conviction, covered in immigration consequences of a PFMA.

Before You Use Your One Petition

Because the petition is once in a lifetime, three questions come first. Is every misdemeanor you want cleared included? Is the timing strong on the factors the judge must weigh? And was the case a deferred sentence that was later dismissed, in which case the records may already be confidential under a different statute? A lawyer can pull your full criminal history and answer those before anything is filed. Our criminal defensepage describes the firm's practice.

This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.