Proposed law would expunge misdemeanors

Under Montana law, those convicted of felonies — including sexual intercourse without consent — can petition the court to have their records wiped clean through a deferred sentence, while misdemeanors remain on a person’s criminal history permanently.

Rep. Zach Brown, D-Bozeman, is hoping to change that with House Bill 168, which he dubbed the “Montana Clean Slate Act” during a House Judicial Committee hearing on the proposed legislation Friday.

The bill would create a one-time option for those convicted of certain misdemeanors to expunge the conviction after completing the terms of the sentence, followed by a five-year period of no new arrests or convictions.

Misdemeanor convictions can carry long-term consequences, Brown argued, including difficulty in finding housing or employment, applying for government benefits or securing a professional license.

“Lots of us make dumb decisions when we’re kids, and I think there’s a valid argument to be made that we ought to have a forgiveness process in our society that helps people get back on their feet and re-enter civil society,” Brown told the committee. “I believe that in a just society, we should offer those kinds of folks a process to clean their records and get a fresh start.”

Along with Sen. Nels Swandal, D-Wilsall, who is co-sponsoring the bill, Brown said he plans to amend the legislation to only apply to misdemeanors listed under the state’s Title 45, which include assault, theft and possession of drugs and drug paraphernalia.

“This bill is designed to fix inequities and give people a second change,” Swandal said. “It’s only those people, frankly, that deserve it. If you continue to commit crimes, this isn’t going to apply to you.”

Robin Turner, policy director for the Montana Coalition against Domestic and Sexual Violence, expressed concern with the expungement process being extended to those guilty of domestic assault.

“Many times, the first prosecution for partner/family member assault is after a long line of escalating violence,” Turner told the committee. “These are things that it’s important to keep track of, to a certain extent.”

The bill carves out an exception to the expungement process if “the interests of public safety demand otherwise.” It also notes that expungement “should not be presumed” for someone with more than one assault conviction, but ultimately leaves the discretion up to the court.

While not speaking for or against the bill, Criminal Information Bureau Chief Butch Huseby relayed the Department of Justice’s concern that updating the various records systems at the state, county and municipal levels to allow criminal records to be deleted could prove expensive.

The committee requested a fiscal note to estimate the cost of implementing the measure.

Reporter Sam Wilson can be reached at 758-4407 or by email at swilson@dailyinterlake.com.