Clear record after deferred sentence in montana

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Old Sep 21st, 2010, 08:25 PM   #1
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Default Clear record after deferred sentence in montana

In 2007, I was convicted to 5 years deferred imposition of sentence, on a felony charge in Montana.
It was explained to me by my public defender, that after I completed my sentence, that my record would be cleared, and I would get my civil rights back, aka the right to purchase and own a gun.
In December of 2009, I completed the terms of my sentence, and have had my petition for the Dismissal of Charges granted by a district court judge.

Well, its been 9 months, and it turns out that the conviction is still on my record.

Do you have any advice on how I would go about getting my record sealed or cleared?
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Old Sep 21st, 2010, 08:38 PM   #2
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Default Re: Clear record after deferred sentence in montana

I wish to inform you that under MCA 46-23-510 you may get expungement of your criminal record upon reversal of your conviction. Therefore, you may have expungement of your record after reversal of your conviction. Further, under the provisions of Mont. Const. art. II, 28. Accord Mont. Code
Ann. 46-18-801(2) once the sentence has expired, all your civil rights and full citizenship will be restored to you. Under Montana Code Ann. 45-8-314(2)(a) you can apply to the district court of the county in which you reside for the restoration of your gun rights. If you can show good cause, the court will grant you relief to possess one or more guns.

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Old May 31st, 2014, 05:00 PM   #3
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I have a question. I'm in montana and I have a deferred sentence. In my agreement it says I must have no other violations for 12 months. Well last week I got a speeding ticket it was a complete accident (even though intent isn't involved in most traffic violations). Will this count as a violation? The officer said he might be willing to write me a letter included with my letter to the court. Thank you.
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