46-18-1106. Notice. (1) A person seeking expungement shall serve a copy of the petition for expungement to every prosecution office that prosecuted an offense for which expungement is being requested.

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Terms Used In Montana Code 46-18-1106

  • Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
  • expungement: 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 in a manner that is appropriate for the record's physical or electronic form. See Montana Code 46-18-1103
  • Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201

(2)If a victim of an offense subject to a requested expungement exists, the prosecution office responsible for the conviction for which expungement is being requested shall attempt to notify the victim of the offense within 14 days of receiving the petition for expungement and shall document the attempt. The notification must include that the victim has the right to respond to the expungement request and must inform the victim of any dates scheduled for court hearings.