Montana § 46-18-1108 - When Expungement Not Presumed
Full text of Montana Montana Code Annotated § 46-18-1108 — When Expungement Not Presumed, with citation guidance and answers to common questions.
§ 46-18-1108. When Expungement Not Presumed
When expungement not presumed. (1) Expungement may not be presumed if the person seeking expungement has one or more convictions for assault under 45-5-201 , partner or family member assault under 45-5-206 , stalking under 45-5-220 , sexual assault under 45-5-502 , a violation of a protective order under 45-5-626 , or driving under the influence of alcohol or drugs, however named, under Title 61, chapter 8, part 10, or any offense that carries a statutorily enhanced penalty as a result of the offender driving under the influence of alcohol or drugs. (2) In making the determination of whether expungement should be granted, the district court shall consider: (a) the age of the petitioner at the time the offense was committed; (b) the length of time between the offense and the request; (c) the rehabilitation of the petitioner; (d) the likelihood that the person will reoffend; and (e) any other factor the court considers relevant.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 46-18-1108
What does Montana Code Annotated § 46-18-1108 cover?
Section 46-18-1108 ("When Expungement Not Presumed") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 46-18-1108?
A common citation format is "Montana Code Annotated § 46-18-1108" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 46-18-1108 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.