How Much Does It Cost to Expunge a Misdemeanor in Montana?

A past misdemeanor conviction can create unnecessary financial roadblocks in your life, preventing you from getting better jobs or securing affordable housing. Fortunately, the Misdemeanor Expungement Clarification Act allows eligible individuals to clear their criminal records. While the legal process offers a fresh start, it is not entirely free. Understanding the exact costs involved will help you prepare your budget. Because dealing with the court system and the Department of Justice can be confusing and time-consuming, we highly recommend hiring an experienced criminal defense lawyer from our US Lawyers directory to ensure your petition is filed correctly the first time.

Under Mont. Code Ann. § 46-18-1104, most non-violent misdemeanors can be expunged, but you must complete a specific procedural path. Importantly, Mont. Code Ann. § 46-18-1104(1) enforces a strict once-in-a-lifetime rule, allowing an individual to petition for misdemeanor expungement only once, which means all eligible convictions must be included in that single filing. If you make a mistake on your paperwork, the court can deny your petition, forcing you to start over and potentially pay filing fees a second time. This is why having professional legal guidance is often the most cost-effective decision in the long run.

Step-by-Step Cost Breakdown in Montana

Whether you are filing in Billings, Bozeman, or Missoula, the financial steps for expungement remain relatively consistent across the state.

Step 1: Requesting Your DOJ Background Check

Before you can file your petition, you must obtain a complete copy of your criminal history. You will need to submit a fingerprint card, such as Form FD-258, Federal, FBI, Applicant Fingerprint Card, to the Montana Department of Justice, Criminal Records and Identification Services Section, Helena. The state charges a processing fee of $30 for this background check. You may also have to pay your local police department $10 to $20 to take the physical fingerprints.

Step 2: Paying the District Court Filing Fee

Once you have your record, your lawyer will draft a petition for expungement. This document must be filed in the District Court of the county where the original conviction occurred. For example, if you were convicted in Yellowstone County, you will file at the Yellowstone County District Court, Billings. The standard civil filing fee in Montana District Courts is generally $120.

Step 3: Serving the County Attorney

By law, you must notify the prosecutor that you are attempting to erase your record. You will need to serve a copy of the petition to the local prosecutor's office, such as the Yellowstone County Attorney's Office, Billings. Sometimes, this requires hiring a process server or paying the local Sheriff's office a nominal fee (around $50) to deliver the documents formally.

Step 4: The Court Hearing

If the prosecutor objects to your expungement, the judge will schedule a hearing. This is where attorney fees become crucial. Your lawyer will argue your case before the judge, presenting evidence of your rehabilitation. Precedents like In re Expungement of Misdemeanor Records of Dickey, 402 Mont. 409 (MT Supreme Court 2021) show how courts weigh public safety against the individual's right to a clean record.

Hidden Costs of FBI Database Updates

Once the Montana judge signs your expungement order, the local court clears its records. However, updating the federal database is a separate step. The Montana Department of Justice, Helena will forward the order to the FBI to clear your National Crime Information Center (NCIC) record. While there is no direct government fee for this specific update, if errors occur, you may need to pay your attorney extra hourly fees to contact the FBI and force compliance.

Fee Waivers for Low-Income Applicants in Montana

If you cannot afford the $120 District Court filing fee, Montana law provides a safety net. You can file an Affidavit of Inability to Pay (often called a fee waiver). You must provide detailed financial information showing your income, expenses, and debts. If a judge at the Missoula County District Court, Missoula approves your affidavit, the court will waive the filing fees entirely. However, this waiver does not cover private attorney fees or the initial DOJ background check cost.

Cost Differences Between Uncontested vs. Contested Hearings

Your attorney's fee will largely depend on whether your case is contested. If the prosecutor agrees to the expungement (uncontested), the judge may sign the order without a hearing. For an uncontested case, a lawyer might charge a flat fee of $1,000 to $1,500. However, if the prosecutor files an objection-especially common for DUI or domestic violence misdemeanors-your attorney must prepare for a formal, contested hearing. Because this requires significantly more legal work and court time, the total cost can increase to $2,500 or more.

How Much Does it Cost in Montana?

Here is a summary of the expected expenses for clearing your Montana misdemeanor record.

How Long Does the Process Take?

From the moment you mail your fingerprint card to the DOJ to the day the judge signs your final order at a facility like the Cascade County District Court, Great Falls, you should expect the process to take 3 to 6 months. Contested hearings will generally push the timeline to the longer end of that spectrum.

Frequently Asked Questions (FAQ)