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.

This webpage was produced by Freedom Network USA under Grant Number 2017-VT-BX-K018, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this document are those of the contributors and do not necessarily represent the official position or policies of the U.S. Department of Justice.