A misdemeanor DUI can be expunged in Montana, but only by petition to a district court, only once in a lifetime, and without the presumption that most other misdemeanors receive. The judge weighs your age at the time, how long ago it was, your rehabilitation, and the risk of another offense. This page walks through the process in the order it happens and is honest about what the statute leaves unanswered. It is part of our Montana DUI Guide and goes deeper than the expungement section of how long a DUI stays on your record.
Why a DUI Needs Expungement at All
For many first-time misdemeanors, a deferred sentence leads to a dismissal and the record closes that way. That is not available here. A court may not defer imposition of sentence for a DUI (MCA § 61-8-1011(4)). A DUI conviction therefore stays on the record permanently unless a court orders it expunged. See suspended sentences explained for the difference between a suspended and a deferred sentence.
The Process in Order
| Step | What the statute requires | MCA |
|---|---|---|
| 1. Confirm eligibility | Misdemeanor convictions only. You must not have had records expunged under this law before. | § 46-18-1104(1) |
| 2. Choose the court | The district court of a judicial district in which you were convicted of a misdemeanor you want expunged. | § 46-18-1105 |
| 3. Get fingerprinted | Required to validate your identity. The prints are later sent with the order. | § 46-18-1104(3) |
| 4. File and serve the petition | Serve a copy on every prosecution office that prosecuted an offense in the petition. | § 46-18-1106(1) |
| 5. Victim notice | If there is a victim, the prosecution office must attempt notice within 14 days of receiving the petition. | § 46-18-1106(2) |
| 6. The hearing | Decided on a preponderance of the evidence. The rules of evidence do not apply. The prosecutor and any victim may respond. | § 46-18-1109 |
| 7. The order | The court may expunge all, some, or none of the offenses requested. | § 46-18-1110(1) |
| 8. Send the order out | You send copies to the arresting agency, the prosecutor, the clerk of court, and the Department of Justice, with your fingerprints and the department's form. | § 46-18-1110(2)(b) |
The statute does not set a filing fee or a deadline for the hearing. Ask the clerk of the district court where you will file about current fees and local practice.
Who Can Petition, and Where
A person "convicted of one or more misdemeanor offenses, whether in one court or multiple courts and whether in one case or multiple cases, and who has not had the person's records expunged under this part previously," may petition a district court (MCA § 46-18-1104(1)). The petition asks for expungement of "all records of arrest, investigation, and detention, if any, and any court proceedings that may have been held."
- One petition, ever. "A person may petition for expungement pursuant to this part no more than one time during the person's life" (MCA § 46-18-1104(2)).
- District court. A Missoula DUI is usually handled in municipal or justice court, but the expungement petition goes to the district court of a judicial district where you were convicted (MCA § 46-18-1105). See which court hears a DUI.
- Misdemeanors only. The act does not reach a felony DUI.
Because the petition is a single lifetime opportunity that can cover every misdemeanor you have, the first decision is what to include. A person with an old DUI and an unrelated misdemeanor should think about both before filing.
The Presumption, and Why a DUI Does Not Get It
For most misdemeanors, expungement "is presumed" if the person is not detained or facing new charges and has not been convicted of any offense for 5 years since completing the sentencing terms, "including payment of any financial obligations or successful completion of court-ordered treatment" (MCA § 46-18-1107(1)). There is a second route for people applying to or serving in the military (MCA § 46-18-1107(2)).
The next section removes that presumption for certain offenses. "Expungement may not be presumed if the person seeking expungement has one or more convictions for" assault, partner or family member assault, stalking, sexual assault, violation of a protective order, "or driving under the influence of alcohol or drugs, however named, under Title 61, chapter 8, part 10" (MCA § 46-18-1108(1)).
Two things follow from the wording:
- The rule is about the person, not just the offense. It applies when the person seeking expungement "has" a DUI conviction. As we read it, a DUI on your record removes the presumption for the whole petition, including for other misdemeanors in it.
- Not presumed does not mean barred. The court still decides. It simply does not start from a presumption in your favor.
What the Judge Weighs
In deciding whether to grant expungement, the district court "shall consider" (MCA § 46-18-1108(2)):
- the age of the petitioner at the time the offense was committed;
- the length of time between the offense and the request;
- the rehabilitation of the petitioner;
- the likelihood that the person will reoffend; and
- any other factor the court considers relevant.
The decision is made on a preponderance of the evidence, and the rules of evidence do not apply at the hearing (MCA § 46-18-1109). That means letters, certificates, treatment records, and your own testimony can all be put in front of the judge. Evidence that speaks to the listed factors is what belongs in the petition: proof that every part of the DUI sentence was completed, including the assessment and classes and all fines; a clean record since; and concrete reasons the expungement matters now, such as a license application or a job.
A representative of the prosecution office and any victim who appears must be given an opportunity to respond (MCA § 46-18-1109(3), (4)). If the DUI involved a crash with an injured person, there is a victim, and the prosecution office must attempt to notify that person of the petition.
What an Expungement Order Does
To "expunge" means "to permanently destroy, delete, or erase a record of an offense from the criminal history record information system maintained by the department of justice" (MCA § 46-18-1103(1)). The definition of record covers the arrest, the charging documents and disposition, the sentence, and court filings. It "does not include a fingerprint record or data that may be maintained for investigative purposes" (MCA § 46-18-1103(2)).
If the court grants the petition, the order directs the arresting agency, the prosecutor's office, and the clerk of the sentencing court "to permanently seal all records" in their possession. It is then your job to send copies of the order to each of them and to the Department of Justice, along with your fingerprints and a form the department prepares. On receipt, the department expunges its records (MCA § 46-18-1110(2), (3)). An order that is never sent out does not do its work.
What the Statute Does Not Promise
- The driving record. The Motor Vehicle Division is not one of the agencies the statute names. Whether a DUI entry on a driving record is removed is not answered by the text.
- Counting as a prior. The expungement act does not say whether an expunged DUI still counts toward a second or later offense under MCA § 61-8-1011. Do not assume it does not.
- Private copies. A background check company, a news site, or an employer that already has the record is not an agency listed in the order.
- Federal and foreign forms. Some ask about expunged matters expressly. See security clearances and international travel.
Those gaps are a reason to decide carefully whether and when to use the one petition you have. Our page on background checks explains what shows up in the meantime.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case or a prediction of how a court would rule on a petition.