How Past Misdemeanors Affect Montana Teaching and Daycare Licenses (And How to Seal Them)

For K-12 teachers, early childhood daycare operators, and university educators in Billings, Missoula, Bozeman, and Great Falls, a single past misdemeanor conviction can derail a career built on public trust. When you submit fingerprints for an educator certificate or a childcare facility license in Montana, automated background alerts flag everything from an old college shoplifting charge to a misdemeanor drug paraphernalia or assault conviction. Understanding how Montana education and human services agencies apply moral turpitude and child-safety rules-and how to permanently seal misdemeanor records under the Misdemeanor Expungement Clarification Act-is the key to protecting your license.

OPI Moral Turpitude Clauses and Immoral Conduct Rules in Montana

Every applicant for a Montana teacher, administrator, or specialist certificate must undergo a state and federal fingerprint-based background check reviewed by the Montana Office of Public Instruction, Helena (OPI). Under Mont. Code Ann. § 20-4-110 subsection 1, the Montana Board of Public Education, Helena (BPE) is empowered to deny, suspend, revoke, or issue a letter of reprimand against an educator certificate if the applicant has been convicted of, or pled guilty or no contest to, a criminal offense involving moral turpitude or has engaged in immoral conduct related to the teaching profession.

While the phrase moral turpitude is not defined by a single rigid list in the Montana Code Annotated, the Board of Public Education enacted Mont. Admin. R. 10.57.601A to explicitly define immoral conduct related to teaching. Under Mont. Admin. R. 10.57.601A, disqualifying offenses include any sexual or child-endangerment crime (Mont. Code Ann. § 45-5-622), stalking (Mont. Code Ann. § 45-5-220), dangerous drug offenses under Title 45, Chapter 9, Part 1, and misdemeanor possession of drug paraphernalia (Mont. Code Ann. § 45-10-103). Additionally, theft, fraud, and crimes of dishonesty are traditionally evaluated as crimes of moral turpitude. However, under Mont. Code Ann. § 37-1-203 and the Montana Supreme Court's precedent in Ulrich v. State ex rel. Board of Funeral Service, 289 Mont. 407 (MT Supreme Court 1998), a prior conviction cannot act as an automatic lifetime bar without assessing rehabilitation. Even better, expunging a qualifying misdemeanor under Mont. Code Ann. § 46-18-1110 deletes the conviction from the Montana Department of Justice, Criminal Records and Identification Services Section, Helena repository and permanently seals the court record.

How Past Misdemeanors Impact Specific Education & Childcare Roles

Daycare Owners & Childcare Subsidies

Operating a Family, Group, or Center daycare facility in Montana is regulated by the Montana Department of Public Health and Human Services, Early Childhood and Family Support Division, Helena (DPHHS) under the Montana Child Care Act (Mont. Code Ann. § 52-2-701 through Mont. Code Ann. § 52-2-741) and the federal Child Care and Development Block Grant (CCDBG) Act (42 U.S.C. § 9858f). Under Mont. Admin. R. 37.95.161, every daycare owner, director, employee, and adult household member residing in an in-home daycare must pass a fingerprint background check and a child protective services check. An unexpunged misdemeanor involving partner or family member assault (Mont. Code Ann. § 45-5-206), simple assault, child endangerment, or drug possession can trigger an immediate disqualification notice-not only shutting down a facility license under Mont. Code Ann. § 52-2-723, but also cutting off the daycare owner from receiving state Best Beginnings Child Care Scholarship subsidy reimbursements. Expunging the misdemeanor conviction in District Court under Mont. Code Ann. § 46-18-1110 removes the disqualifying conviction from the state criminal repository. (Note: If a daycare provider also has an administrative substantiation on the DPHHS Child Protective Services Central Registry under Mont. Code Ann. § 41-3-205, they must submit a separate administrative Central Registry Expungement Request to DPHHS after a 2-year waiting period.)

Substitute Teachers

Under Mont. Admin. R. 10.55.716, substitute teachers in Montana public schools are not required to hold an active OPI educator license; instead, they are vetted directly by local school district human resources departments (such as Billings Public Schools, Missoula County Public Schools, or Bozeman Public Schools) after completing a fingerprint background check. Because local school district HR staff often lack the time to conduct a formal rehabilitation hearing when screening dozens of substitute applicants, an unsealed misdemeanor on a DOJ CRISS report frequently results in a silent rejection. Expunging the misdemeanor under Mont. Code Ann. § 46-18-1107 ensures your state rap sheet returns clear when the school district runs your prints.

University Professors

Tenured faculty, tenure-track professors, and adjunct instructors at Montana University System (MUS) institutions-including the University of Montana in Missoula, Montana State University in Bozeman, and Montana Tech in Butte-are not subject to OPI K-12 licensing under Mont. Code Ann. § 20-4-110. Instead, university campuses conduct background checks through commercial Consumer Reporting Agencies (CRAs) governed by the Fair Credit Reporting Act (15 U.S.C. § 1681c). Because Montana has no 7-year limit on reporting unsealed convictions, a 15-year-old misdemeanor will still appear on a university background check unless it is expunged. Once a District Court signs an expungement order under Mont. Code Ann. § 46-18-1110, commercial background vendors are legally prohibited from reporting the sealed record to university search committees.

Appealing OPI Denials After a Successful Expungement

If the State Superintendent of Public Instruction issues a notice recommending the denial of your educator application under Mont. Code Ann. § 20-4-110 and Mont. Admin. R. 10.57.603-for example, if OPI reviewed your file prior to your expungement order being finalized-you have the right to file a written appeal to the Montana Board of Public Education, Helena within 30 days. Contested licensure hearings before the Board of Public Education are governed by the Montana Administrative Procedure Act (Mont. Code Ann. § 2-4-612), and conclusions of law in educator proceedings are subject to strict judicial review standards established in Baldridge v. Board of Trustees, Rosebud County School District No. 19, 287 Mont. 53 (MT Supreme Court 1997) and Ulrich v. State ex rel. Board of Funeral Service, 289 Mont. 407 (MT Supreme Court 1998). Presenting a certified District Court expungement order (Form ER-200, Montana, Judicial Branch, Order for Expungement of Misdemeanor Records) alongside evidence of rehabilitation under Mont. Code Ann. § 37-1-205 provides compelling proof that you warrant the public trust. If the Board upholds a denial, you may petition for judicial review in District Court within 30 days under Mont. Code Ann. § 2-4-702.

Step-by-Step Process to Expunge a Misdemeanor in Montana

Step 1: Gather All Case Dispositions for Your One-Time Petition

Because Mont. Code Ann. § 46-18-1104 limits you to one misdemeanor expungement order in your lifetime, pull your complete criminal history from the Montana Department of Justice, Criminal Records and Identification Services Section, Helena to ensure every past misdemeanor across Montana is included in a single petition.

Step 2: Confirm the 5-Year Completion Window

Verify that 5 years have passed since you completed all sentencing terms-including probation and full payment of fines-and that you have no pending criminal charges under Mont. Code Ann. § 46-18-1107.

Step 3: File Form ER-100 in a Proper District Court Venue

Draft Form ER-100, Montana, Judicial Branch, Petition for Expungement of Misdemeanor Records and Form ER-200, Montana, Judicial Branch, Order for Expungement of Misdemeanor Records. Pursuant to In re Expungement of Misdemeanor Records of Dickey, 402 Mont. 409 (MT Supreme Court 2021) and Mont. Code Ann. § 46-18-1105, file your petition in a District Court where at least one of the listed misdemeanors was prosecuted-such as the First Judicial District Court, Lewis and Clark County, Helena, the Fourth Judicial District Court, Missoula County, Missoula, or the Thirteenth Judicial District Court, Yellowstone County, Billings-and serve all involved prosecuting offices under Mont. Code Ann. § 46-18-1106.

Step 4: Purge Your Record with DOJ CRISS in Helena

Once the judge signs Form ER-200, Montana, Judicial Branch, Order for Expungement of Misdemeanor Records, mail a certified copy of the order, a blue Form FD-258, FED, FBI, Applicant Fingerprint Card, and Form CRISS-EXP, Montana, Department of Justice, Expungement/Removal Request Form to the Montana Department of Justice, Criminal Records and Identification Services Section, Helena.

How Much Does it Cost in Montana?

• District Court Filing Fee: $120 to $130 to file the civil expungement petition under Mont. Code Ann. § 25-1-201.
• Fingerprint & Criminal History Fees: $20 to $50 for your initial CRISS check and blue Form FD-258, FED, FBI, Applicant Fingerprint Card.
• DOJ CRISS Removal Fee: $0 (CRISS processes court-ordered misdemeanor expungements free of charge).
• Legal Representation: Hiring a Montana education licensing and expungement lawyer typically costs $1,200 to $2,500 for an uncontested expungement, or $2,500 to $4,500 if combined with an administrative licensure appeal before the Montana Board of Public Education, Helena.

How Long Does the Process Take?

A Montana misdemeanor expungement takes 60 to 120 days in District Court, followed by 30 days for the Montana Department of Justice, Criminal Records and Identification Services Section, Helena to delete the record from the state repository. Educators planning to apply for fall semester certification through OPI or daycare renewal through DPHHS should begin the expungement process at least 4 to 6 months in advance by consulting a local Montana attorney in our directory.

Frequently Asked Questions (FAQ)