An expungement clinic will be set up in Bozeman in March to offer free and confidential legal guidance to those with misdemeanor convictions looking to start over in Montana.
The clinic, administered by the Montana Legal Services Association, is open to anyone with a Montana conviction.
“There’s a recognition that these people have served the sentence that the court ordered,” said Amy Reavis, an attorney with MLSA, to the Chronicle. “Once the court-mandated sentence for that crime has been served, the offender is no longer free from the stigma of a criminal record, which continues to haunt them and seriously impacts their future opportunities.”
On Wednesday, March 26, a clinic needs to be registered at the brand-new Gallatin County Justice Center. Helena and Billings will also have clinics but will only accept people with Montana misdemeanors; those with felonies, out-of-state convictions, or federal felonies will not be eligible.
According to House Bill 168, which was passed by the Montana legislature in 2017, those who are not currently jailed or facing charges, as well as those who have been free of other crimes for five years after serving their term, are eligible to have their misdemeanor convictions expunged. A candidate’s inability to hold a particular position due to the conviction may qualify them to have those requirements waived when applying to a military academy or joining the military.
“Expungement is presumed to be the correct course of action,” Reavis stated. “If no other criminal involvement has occurred during the past five years, it is highly probable that you will have your record expunged.”
While Reavis hesitates to place a timeframe on the legal procedure, she has witnessed expungements accepted anywhere from a day to many months after documentation was submitted.
Because the courts must first determine “whether that person has any possible threat to public safety” before granting an expungement, and because victims and prosecutors are given an opportunity to oppose it, the process can be lengthy and complex, varying from one offense to another.
Violence, violence on a spouse or family member, driving under the influence, stalking, sexual assault, and breaching a protection order are all considered misdemeanors, according to Reavis.
According to Reavis, the MLSA clinic aspires to assist individuals who may not possess the financial resources to undergo the expungement procedure independently. This will enable those with misdemeanor convictions to put the judicial system behind them.
Reavis explained that expungement might symbolize a person’s decision to move past a mistake or a difficult point and become an active and respected community member. “The erasure process gives them a feeling of belonging.”