Convicted of Possession of Marijuana? You Might Be Able to Clear Your Record

When the state of Montana enacted its Marijuana Regulation and Taxation Act in 2021, the new law legalized some activities that had been crimes. People who were convicted of crimes for acts that are now legal can ask the court to erase, or expunge, their criminal records for those crimes.

Marijuana-related crimes you can ask the court to remove from your record in Montana include:

  •  Criminal Distribution of Dangerous Drugs
  •  Criminal Possession of Dangerous Drugs
  •  Criminal Possession with Intent to Distribute
  •  Criminal Production or Manufacture of Dangerous Drugs
  •  Criminal Possession of Drug Paraphernalia and
  •  Manufacture or Delivery of Drug Paraphernalia

Asking the court to expunge your criminal record requires filling out forms and paying fees to the court. You will first need to get an official copy of your criminal record from the state.

After you get a copy of your criminal record, you will need to select a form to file with the court. Form A is used if you are currently serving a sentence. Form B is used if you have already completed your sentence. You can request the court hold a hearing, but you don’t need to have a hearing to ask the court to clear, or expunge, your record.


If you would like help getting your criminal record on a marijuana charge cleared, contact us for a consultation. Clearing your marijuana criminal record could benefit you by making it easier to get a job, clearing up a mistake of the past, or achieving personal goals. Isn’t it time you set the record straight?