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.
Updated Sept 2021