46-18-1103. Definitions. As used in this part, the following definitions apply:

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Terms Used In Montana Code 46-18-1103

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
  • Record: means any:

    (i)identifiable description, notation, or photograph of an arrest and detention;

    (ii)complaint, indictment, or information or any disposition arising from a complaint, indictment, or information;

    (iii)sentence;

    (iv)correctional status;

    (v)release; or

    (vi)court document or filing. See Montana Code 46-18-1103

(1)”Expunge” or “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.

(2)(a) “Record” means any:

(i)identifiable description, notation, or photograph of an arrest and detention;

(ii)complaint, indictment, or information or any disposition arising from a complaint, indictment, or information;

(iii)sentence;

(iv)correctional status;

(v)release; or

(vi)court document or filing.

(b)The term does not include a fingerprint record or data that may be maintained for investigative purposes.