ORIGINAL 

IN THE SUPREME COURT OF THE STATE OF MONTANA 

AF 22-

IN RE THE ADOPTION OF TEMPORARY 

RULES FOR EXPUNGEMENT, 

RESENTENCING, OR REDESIGNATION 

OF A CONVICTION UNDER THE MONTANA 

MARIJUANA REGULATION AND 

TAXATION ACT 

FILED 

MAR 1 5 2022 

Bowen Greenwood 

Clerk of Supreme Court 

State of Mt-Inform 

ORDER 

Pursuant to its jurisdiction over all other courts under Article VII, section 2, of the 

Montana Constitution, and in furtherance of and pursuant to §§ 16-12-113 through 

16-12-116, MCA, the Montana Supreme Court hereby enacts the attached Temporary 

Rules for Expungement, Resentencing, or Redesignation of a Conviction under the 

Montana Marijuana Regulation and Taxation Act. 

IT IS THEREFORE ORDERED that the Temporary Rules for Expungement, 

Resentencing, or Redesignation of a Conviction under the Montana Marijuana Regulation 

and Taxation Act are approved and adopted. These Rules are effective immediately. 

This Order and the attached rules shall be posted on the Court's website. In addition, 

the Clerk is directed to provide copies of this Order and the attachment to the State Law 

Library, to Todd Everts, Shana Harrington, and Karl Krempel at Montana Legislative 

Services, to Bethany Ahrens at Thomson Reuters, to Patti Glueckert and the Statute 

Legislation department at LexisNexis, and to the State Bar of Montana, with the request 

that the State Bar provide notice of the revised Rule on its website and in the next available 

issue of the Montana Law.,

DATED this 1g day of March, 2022. 

Chief Justice 

03/16/2022

Case Number: AF 22-0129
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Justices 

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Temporary Rules for Expungement, Resentencing, or Redesignation of a Conviction 

under the Montana Marijuana Regulation and Taxation Act 

Rule 1. Purpose. These temporary rules establish the procedure by which individuals 

who were convicted of a marijuana-related offense prior to the enactment of the Montana 

Marijuana Regulation and Taxation Act (MMRTA) may seek expungement, resentencing, 

or redesignation of that conviction via the expungement or resentencing. 

Rule 2. Applicability. The Montana Rules of Civil Procedure apply to all expungement, 

resentencing, or redesignation proceedings under the MMRTA unless otherwise specified 

within these temporary rules. 

Rule 3. Definitions. 

(A) "Expungement" is as defined in § 46-18-1103(1), MCA. 

(B) "Record" is as defined in § 46-18-1103(2), MCA. 

(C) "Redesignation" means to change the type of infraction recorded from: 

(1) a felony to, a misdemeanor; 

'(2) a felony to a civil infraction; or 

(3) a misdemeanor to a civil infraction. 

Rule 4. Manner of Service and Filing. The petitioner and respondent, if any, shall serve 

and file all documents in accordance with Rule 5 of the Montana Rules of Civil Procedure 

and in accordance with all rules applicable to the sentencing court, including local rules. 

Rule 5. Acceptance for Filing. Upon presentation of a petition for expungement, 

resentencing, or redesignation under the MIV1RTA, along with any necessary fees or a 

completed fee waiver request, the clerk of the sentencing court shall accept the document 

for filing in the same manner as any other petition. 

Rule 6. Petitions for Expungement, Resentencing, or Redesignation. 

(A) A petition for expungement or resentencing may be filed while the petitioner is 

currently serving a sentence for an act that is permitted or is punishable by a lesser sentence. 

A petition for expungement or redesignation may be filed at any time after the petitioner 

has completed the sentence. 

(B) Petitioners may use the petition forms created and maintained by the Office of 

Court Administration. (These forms may be found on the Judicial Branch website 

courts.mt.gov or at any Court Help Center location.) A petition for expungement, 

resentencing, or redesignation must contain: the petitioner's name, address, and telephone 

number; the offense and the approximate date of conviction for that offense; and a brief 

explanation as to why the petitioner believes the offense is eligible for expungement, 

resentencing, or redesignation under the MIVIRTA. If the petitioner desires a hearing on 

the petition, the petitioner must so state in the petition. 

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(C) A copy of the petitioner's criminal record from the Montana Department of 

Justice must accompany any petition for expungement, resentencing, or redesignation. 

(D) Petitioners must file a separate petition for each conviction for which the 

petitioner seeks expungement, resentencing or redesignation. A petitioner may file 

multiple petitions concurrently. Filing fees and other costs will apply to each petition. 

Rule 7. Responses to Petitions for Expungement, Resentencing, or Redesignation. A 

county attorney or city attorney may respond to a petition for expungement, resentencing, 

or redesignation within 21 days after service of the petition. If the county or city attorney 

does not respond within the time designated, it is presumed that the county or city attorney 

does not object to the relief requested in the petition. 

Rule 8. Appointment of Judge. After the county or city attorney responds to the petition 

or when such time for response has expired, the judge of the court in which the petition 

was filed shall hold a hearing, if requested by the petitioner, and shall then rule upon the 

petition unless a judge pro tempore or special master is appointed in accordance with 

§ 16-12-115, MCA. 

Rule 9. Disposition. 

(A) In determining whether to grant a petition for expungement, resentencing, or 

redesignation, the judge, judge pro tempore, or settlement master may request additional 

evidence, briefing, and/or oral argument to the extent necessary for ruling upon the petition. 

(B) The judge, judge pro tempore, or special master shall issue a written order of 

disposition. If the petition is granted, the order shall so state and shall thrther state the 

specific relief granted. If the petition is denied, the order shall provide the reason for such 

denial. 

Rule 10. Appeals. Orders granting or denying petitions for expungement, resentencing, 

or redesignation may be appealed in the same manner as any other appeal from a final 

order. 

Rule 11. Expunging or Redesignating a Conviction. If a petition for expungement or 

-redesignation is granted, the petitioner bears the responsibility for paying any associated 

fees and for submitting the necessary paperwork to the Department of Justice to effectuate 

the expungement or redesignation. 

Rule 12. Enactment. These Temporary Rules are effective upon approval and adoption 

by the Montana Supreme Court. These Temporary Rules shall remain in effect until a 

marijuana conviction court is created as authorized by the IVIMRIA. 

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