Statute
Mont. Code Ann. §46-18-608
In Montana, survivors of trafficking can petition to vacate convictions and destroy records of arrests pertaining to offenses committed as a direct result of being a victim of trafficking. The law applies to prostitution charges and all non-violent offenses.
Motions must be made within a reasonable time period after the survivor ceases to be a victim of trafficking. Survivors may include official documentation to create a presumption of trafficking but must explain why their status as a victim of trafficking was not raised during the original prosecution. If a conviction is vacated, all records and data relating to the conviction are considered “confidential criminal justice information” and access to the records may only be obtained by court order.
