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If your sentence was deferred at the time it was pronounced AND you have successfully completed all conditions of the sentence, the Court can dismiss the charge and seal your cause number. What that means is that the public does not have access to the details of the conviction and your criminal record will state that the charge has been dismissed.
If you believe you meet both of these conditions, then you should file a Motion with the court.
This request will be denied if the Court finds that you (1) did not complete all conditions of your sentence on time; (2) if you had a new charge during the time the deferred sentence was running or (3) if the time for deferment has not expired.
If you did not receive a deferred sentence and believe your conviction should be taken off your record, you may be best served by consulting an attorney.
Each insurance company has different methods of determining your insurance rates. Many base some rate changes on the points the DMV places on your driving record.
You can check your driver’s license status with the DMV to find out how many points you have with the DMV [https://dojmt.gov/driving/driving-records/].
Some of the more common points include: DUI = 10 points Driving While Suspended = 6 points Reckless Driving = 5 points No Insurance = 4 points Speeding = 3 points Careless Driving = 2 points Moving Violations = 2 points
The Court will not defer a ticket if (1) you have had any other traffic ticket in the last 5 years; (2) you have gotten another traffic ticket deferred in the last 5 years; or (3) you failed to appear on your ticket within the time set for appearance.
Some tickets, including DUI, HTO, Driving While Suspended or No Insurance tickets can never be deferred. PLEASE NOTE: Under Federal Law the Court cannot defer your ticket if you have a CDL.
The Court will not dismiss your ticket based on your explanation about what happened without allowing the City Attorney’s Office to be heard and present witnesses.
However, if you are charged with something that may involve a jail sentence, you should consider this option carefully. There can be risks associated with self-representation and you should be aware that some offenses in Municipal Court can have unexpected long term consequences on gun rights or driving privileges. The Court will try to answer any procedural questions you have during the process, but the Court cannot tell you how to proceed nor can it give you any legal advice. You will be expected to conduct yourself appropriately and understand the basic rules of evidence and procedure.
If you received a ticket from a sheriff's deputy or highway patrol (brown uniform), you need to appear in Justice Court located in the County Courthouse at 200 W. Broadway.
If your license was suspended by Missoula Municipal Court for non-compliance or failure to appear you must come to the Court to address it. After you have taken care of the non-compliance, by appearing and bringing yourself into compliance, you will need to get a reinstatement from the DMV.