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Expungement bill draws competing views on second chances and public safety; committee tables after tie
Summary
HB 795 would allow a one-time expungement petition for certain nonviolent felonies after 10 years; proponents emphasized rehabilitation and workforce benefits while DOJ and county attorneys warned of public-protection and record-access impacts. The committee did not advance the measure and moved it to the table after a tied set of votes and subsequent procedural action.
Representative James Reavis described HB 795 as a modest reform to allow eligible people a one-time sealing of certain nonviolent felony records after 10 years post-custody/probation, explaining the petition process would notify prosecutors and victims and preserve judicial discretion. "Expungement is that second chance for people who have left the criminal justice system and have remained off probation, crime-free for 10 years," Reavis said.
Proponents — including Montana Legal Services Association, ACLU of Montana, Montana Innocence Project, business and reentry groups — described evidence that expungement improves employment and reduces recidivism. Amy Reavis said the change would reduce barriers to employment, housing and licensure for low-income Montanans.
Opponents (Division of Criminal Investigation, Department of Justice, County Attorneys Association) warned that expungement would delete records used in fingerprint-based background checks and could remove visibility into prior violent offenses in criminal-justice databases; opponents supplied lists of offenses they believed the bill could affect and urged narrower eligibility.
Committee questioning focused on which felonies would be ineligible (crime-of-violence carve-outs) and judicial discretion in decisions. In executive action the committee did not report HB 795 as passed; after a tie in roll-call the motion failed and committee moved HB 795 to the table. The transcript shows sustained stakeholder disagreement and offers of potential narrowing amendments for future consideration.
