Montana Misdemeanors

A misdemeanor in Montana is a crime less serious than a felony but more serious than a minor violation. Montana does not use classes like A, B, or C for misdemeanors. Instead, each law sets its own rules for each offense. A misdemeanor means a person faces charges for a crime that is not considered a felony. Felonies are more serious crimes with harsher laws.

What Is a Misdemeanor in Montana?

Montana divides crimes by the maximum sentence set in the law. If the top sentence is one year or less, the crime is a misdemeanor. If it is more than one year, the crime is a felony. Common misdemeanors include minor theft, simple assault, disorderly conduct, and first or second impaired driving. Repeat DUI offenses may lead to felony charges.

Misdemeanor Penalties in Montana

Montana does not use lettered classes for misdemeanors. Each offense sets its own penalty. Judges have options for punishment. They may order jail time, which is usually served in a county jail. They may also be subject to fines, based on the person's ability to pay. Sentences can be suspended or deferred, often for up to one year, for misdemeanors. Additional conditions may include probation, restitution, treatment, community service, or no-contact orders. If a deferred sentence is completed successfully, the case may be dismissed and sealed.

Misdemeanor Court Process in Montana

Most misdemeanors, like minor assault, public intoxication, petty theft, traffic, and ordinance cases, are handled by Justice Courts. Felony cases may start in other courts, but trials happen in the District Court.

Typical steps.

1. Citation or arrest starts most misdemeanor cases.
2. First appearance or arraignment: The judge tells you about your rights, assigns a lawyer to you if you are not able to pay for one, and decides on release or bail conditions.
3. Pre-trial: Discovery, motions, plea negotiations, and options of special courts or programs take place here.
4. Trial: Cases with possible jail time may have a trial by jury; lighter cases go to judge-alone (bench) trials. Kids.
5. Sentencing: The court puts out jail time, which is served in a county jail, fines, probation, and other legal conditions. DUI cases have specific rules.

Misdemeanor Records in Major Montana Cities

Montana has two public access portals, one for District Courts and one for Courts of Limited Jurisdiction, like Justice, City, and Municipal Courts. More counties join as they switch to the statewide system. The official records stay with the court clerk.

• District Court records are kept by the Clerk of District Court, with information on copying and fees. Yellowstone County Justice Court also lists copy costs and explains how to request records from its criminal division. Billings Municipal Court has a public records request form.
• Missoula Municipal Court accepts online payment through Citepay and gives guides on how to pay tickets. To search records, use the court’s records process. District Court posts options for paying fines or fees.
• Bozeman Municipal Court supports online payments via CitePayUSA. It also offers in-person and mail payment methods. Gallatin County Justice Court links to CitePay for citations. The Gallatin Clerk of District Court’s page connects to the District Court Public Records Portal for cases from 2012 onwards.
• Online records show party names, case or citation numbers, a Register of Actions (events docketed), charges with law citations, court dates, case outcomes, sentence details, and amounts owed. Certified copies and older records come from the court clerk.

How to Search for Misdemeanor Records in Montana

1. Start with the Montana Public Access Portals and choose either District Court or Courts of Limited Jurisdiction based on where the case was charged.
2. Check city or county websites for local rules. For example, Yellowstone County Justice Court lists copy costs and instructions. Billings Municipal Court has a records request form. Missoula provides municipal record request instructions.
3. Many courts accept CitePayUSA for online payment of fines and tickets. Otherwise, follow the payment instructions from the city or county.
4. Court dockets do not correspond to state criminal history reports. For criminal history background checks or to remove non-conviction records, contact the Montana Department of Justice's Bureau of Criminal Identification policy.

How Long Does a Misdemeanor Stay on Your Record in Montana?

Misdemeanor Expungement Clarification Act” (Title 46, ch.18). Montana does not automatically remove misdemeanors from records. Two main options allow for relief: expungement and dismissal after a deferred sentence. Misdemeanor expungement by petition: A person may file once in their lifetime to expunge one or more misdemeanor convictions from Montana courts. Fingerprints should be submitted with the petition. Expungement would typically be granted where there are no pending charges, no subsequent convictions within five years from completion of sentence, and all treatments or

fines have been paid. Certain crimes like assault, stalking, sexual assault, violations of protective orders, and DUI charges are excluded. Under such cases, the court looks at such factors as age, time since offense, and health. Expunctions are completed by the district court, giving notice to prosecutors and verifying identity before deciding which records to expunge. Official guides and forms are made available by the Montana Judicial Branch.

Dismissal after a deferred sentence: If a misdemeanor sentence is deferred and completed, the case may be dismissed and sealed separately from expungement. Expungement removes records from public view, but some justice agencies still have access by law. Only one expungement petition is allowed per person, so all eligible misdemeanors should be included at once.