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Montana politics, elections and legislative news

Lawmakers consider changes to ease expungement of criminal records

Personal information, including criminal history, is readily available online to prospective employers and landlords. Lawmakers are discussing ways to help Montanans with criminal records expunge them, which can help get some of those records offline.

The Montana Legal Services Association is a nonprofit focused on providing legal counsel regardless of income. William Hooks, their director of advocacy, says convictions can affect more than employment opportunities and housing options.

"It can just impact so many aspects of a person's life, well after they've served the time and complied with all of the conditions imposed by a court," he says.

According to recent data, 26% of Montanans have some form of criminal record. To get a record expunged, they must be without new criminal charges for at least 5 years, and follow a multi-step process.

Sarah Anderson is the associate director of criminal justice and civil liberties for the R-Street Institute. She says onerous policies for record expungement can lead to increased recidivism.

“ When criminal records unnecessarily block those stabilizing factors, they do not just harm individuals themselves," Anderson says. "They can also undermine public safety and increase the likelihood of more crime and more victimization across our communities.”

Lawmakers will finalize any changes to expungement policy prior to the 2027 legislative session.

Elinor is a reporter, social media content creator and host of All Things Considered on Montana Public Radio. She can be reached by email at elinor.smith@umontana.edu.
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