Montana Code Annotated

Mont. Code Ann. § 46-18-204 (2026)

Dismissal After Deferred Imposition

✓ current as of May 2026

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TITLE 46. CRIMINAL PROCEDURE

CHAPTER 18. SENTENCE AND JUDGMENT

Part 2. Form of Sentence

Dismissal After Deferred Imposition

46-18-204. Dismissal after deferred imposition. (1) Whenever the court has deferred the imposition of sentence and after termination of the time period during which imposition of sentence has been deferred or upon termination of the time remaining on a deferred sentence under 46-18-208:

(a) for a felony conviction, the court shall strike the plea of guilty or nolo contendere or the verdict of guilty from the record and order that the charge or charges against the defendant be dismissed provided that a petition for revocation under 46-18-203 has not been filed; or

(b) for a misdemeanor conviction, upon motion of the court, the defendant, or the defendant's attorney, the court may allow the defendant to withdraw a plea of guilty or nolo contendere or may strike the verdict of guilty from the record and order that the charge or charges against the defendant be dismissed.

(2) A copy of the order of dismissal must be sent to the prosecutor and the department of justice, accompanied by a form prepared by the department of justice and containing identifying information about the defendant. After the charge is dismissed, all records and data relating to the charge are confidential criminal justice information, as defined in 44-5-103, and public access to the information may be obtained only by district court order upon good cause shown.

History: En. 95-2207 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2207; amd. Sec. 1, Ch. 147, L. 1987; amd. Sec. 1, Ch. 463, L. 1989; amd. Sec. 20, Ch. 395, L. 1999; amd. Sec. 2, Ch. 515, L. 2007; amd. Sec. 1, Ch. 273, L. 2015; amd. Sec. 25, Ch. 321, L. 2017.

Notes of Decisions

Cited in 25 cases (7 in the last 5 years), 1984–2025 · leading case: State v. Bowles, 947 P.2d 52 (Mont. 1997).

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State v. Bowles, 947 P.2d 52 (Mont. 1997). · cites it 23× “2d 884 , explaining that in Lorash we held that defendant could not challenge the constitutionality of § 46-18-201, MCA, a statute prohibiting deferment of a subsequent felony conviction, because the defendant had failed to affirmatively request expungement as required by §…”

State v. Lorash, 777 P.2d 884 (Mont. 1989). · cites it 13× “We note that Lorash, through counsel, agreed at his sentencing hearing that he had received a deferred sentence in 1973 and that he did not attempt to have the 1973 conviction dismissed, or expunged, pursuant to § 46-18-204, MCA.”

Ramirez-Altamirano v. Holder, 563 F.3d 800 (9th Cir. 2009). · cites it 4× “" Mont. Code Ann. § 46-18-204 ; Garberding, 30 F.”

State v. Chesley, 2004 MT 165 (Mont. 2004). · cites it 12× “It follows, the court concluded, that the legislative intent behind this deletion was to prohibit expungement.”

State v. Tomaskie, 2007 MT 103 (Mont. 2007). · cites it 6× “Section 46-18-204, MCA, provides: Whenever the court has deferred the imposition of sentence and after termination of the time period during which imposition of sentence has been deferred, upon motion of the court, the defendant, or the defendant’s attorney, the court may allow…”

Smith v. Cnty. of Missoula, 1999 MT 330 (Mont. 1999). · cites it 6× “¶ 21 Section 46-18-204, MCA, however, does not provide for expungement; rather, it provides: After the charge is dismissed, all records and data relating to the charge are confidential criminal justice information, as defined in 44-5-103, and public access to the information may…”

State v. Gladue, 679 P.2d 1256 (Mont. 1984). · cites it 8× “While the record reflects Gladue’s successful completion and final termination of the deferred imposition of sentence, there is no evidence of record to indicate whether or not the defendant’s guilty plea *240 was withdrawn or the verdict of guilty removed, or the criminal…”

State v. T.Thibeault, 2021 MT 162 (Mont. 2021). · cites it 12× “See § 46-18-204, MCA (providing for retroactive dismissal and rendering “all records and data relat[ed] to the charge .”

Ramirez-Altamirano v. Mukasey, 554 F.3d 786 (9th Cir. 2009). · cites it 4× “" Mont. Code Ann. § 46-18-204 ; Garberding, 30 F.”

State v. Tadewaldt, 922 P.2d 463 (Mont. 1996). · cites it 2× “See § 46-18-204, MCA. On this record, Tadewaldt’s bare assertion of cruel and unusual punishment falls far short of meeting his burden of proving that his sentence is so disproportionate to the crime that it outrages the moral sense of the community or of justice.”

State v. R. Brady, 2025 MT 105 (Mont. 2025). · cites it 5× “As pertinent here, “upon termination of the time remaining on a deferred sentence” for a felony conviction, “the court shall strike” the defendant’s guilty plea “from the record and order that the charge or charges against the defendant be dismissed.”

State v. Cooney, 945 P.2d 891 (Mont. 1997). · cites it 4× “Cooney contends that Lorash is not dispositive here because the expungement provision of § 46-18-204, MCA, the statute at issue in Lorash , required that a defendant make a motion to have his prior conviction expunged, whereas, the expungement provision of § 61-8-714(5), MCA,…”

Show all 25 citing cases →

— Mont. Code Ann. § 46-18-204(1) — 2 cases

State v. M. Ailer, 2023 MT 231N (Mont. 2023).

T. Koop v. State, 2021 MT 102N (Mont. 2021).

— Mont. Code Ann. § 46-18-204(1)(a) — 1 case

State v. R. Brady, 2025 MT 105 (Mont. 2025). “As pertinent here, “upon termination of the time remaining on a deferred sentence” for a felony conviction, “the court shall strike” the defendant’s guilty plea “from the record and order that the charge or charges against the defendant be dismissed.”

— Mont. Code Ann. § 46-18-204(2) — 1 case

T. Koop v. State, 2021 MT 102N (Mont. 2021).

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