# 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 CONVICTIONUNDER THE MONTANA MARIJUANA REGULATIONAND TAXATION ACT 

# FILED MAR 1 52022

Bowen Greenwood Clerk of Supreme Court State of Mt-Inform ORDER

Pursuant to itsjurisdiction over all other courts under Article VII, section 2, ofthe 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 ofa Conviction under the Montana Marijuana Regulation and Taxation Act are approved and adopted. These Rules are effective immediately. ThisOrder andthe attached rulesshallbepostedontheCourt'swebsite. Inaddition, the Clerk is directed to provide copies ofthis 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 ofMontana, with the request that the State Bar provide notice ofthe revised Rule on itswebsiteand in the next available issue ofthe MontanaLaw. , DATED this 1g day ofMarch, 2022.

ChiefJustice 03/16/2022

Case Number: AF 22-0129• Justices

2Temporary Rules for Expungement, Resentencing, or Redesignation ofa Conviction

under theMontana Marijuana Regulation and Taxation Act Rule 1. Purpose. These temporary rules establish the procedure by which individuals who were convicted ofa marijuana-related offense prior to the enactment ofthe Montana Marijuana Regulation and Taxation Act (MMRTA) may seek expungement, resentencing, or redesignation ofthat conviction via the expungement or resentencing. Rule 2. Applicability. TheMontana Rules ofCivil Procedure apply to all expungement, resentencing, or redesignation proceedings under theMMRTA 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 ofinfraction 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 ofService and Filing. The petitioner and respondent, ifany, shall serve and file all documents in accordance withRule 5 oftheMontana Rules ofCivil 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 ofthe 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 servingasentenceforan actthatispermitted orispunishableby alessersentence. 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 ofconviction 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. Ifthe petitioner desires a hearing on the petition, thepetitioner must so state inthe petition.

1(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 ofthe petition. Ifthe county or city attorney does not respond withinthe time designated, it ispresumed that the county or city attorney does not object to the reliefrequested in the petition. Rule 8. Appointment ofJudge. After the county or city attorney respondstothe petition or when such time for response has expired, thejudge ofthe court in which the petition was filed shall hold a hearing, ifrequested 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, thejudge,judge pro tempore, or settlement master may request additional evidence,briefing, and/or oral argumenttotheextentnecessary forrulinguponthepetition. (B) Thejudge, 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 specificreliefgranted. Ifthe 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 submittingthe necessary paperwork to the Department ofJusticeto 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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