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Question

A family friend is incarcerated in Montana on charges of criminal conspiracy. The state of Montana is filing charges on him based on their hearsay laws, as they have no "real" evidence. The prosecution is offering him a plea deal of Conspiracy Aggravated Assault charges 1 and 2. Is it possible for my friend to have his records expunged, once he finishes Boot Camp?

Submitted: 582 days and 23 hours ago.
Category: Criminal Law
Value: $15
Status: CLOSED
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We have talked to several prominent attorneys, but have not been able to secure anyone becausethis young man has only a mom and she is not working. There is only so much that family and friends can do for her. We know for sure that this individual is innocent, and so do they, but because of the weird laws in Montana they can basically do what they want. He has a Public Defender representing him who is the Regional Boss over 60 PD's in the stated of Montana. My friend has an investigator on his case who agrees that my friend is getting railroaded. This is the Biggest case in Montana and this individual is African American. I point this out to you because Montana is an admitted racist environment. Just check out the proportion of blacks incarcerated to the percentage of blacks in the state. This young man was also a highly sought after athlete who was highly regarded by the University. He had what was considered the best PD in the state, but the prosecution had him removed from the case. I personally spoke with this gentleman and he told me that he truly believes my friend is innocent. So, I ask again, can his record be expunged?

Accepted Answer

Dear XXXXXXXX

Here is the Montana Code on the matter

53-30-402. Completion of boot camp -- suspension of sentence. A sentencing court retains jurisdiction for purposes of this section. At the time of sentencing, the sentencing court may order that if the convicted person successfully completes the boot camp incarceration program:
(1) the court will consider a petition from the person, after which the court may suspend all or part of the remainder of the person's sentence of imprisonment; or
(2) a part or all of the remainder of the person's sentence of imprisonment, as determined by the court at the time of sentencing, is automatically suspended on conditions imposed by the court at the time of sentencing.

It appears the court can state on the record at sentencing that upon successful completion a petition will be considered OR the court can state that upon successful completion there will be a suspended sentence. The latter would be preferable - again on the record - as then it would be a lock once the boot camp is completed with success.

Best to all in this matter

 

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Expert: Michelle
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Answered: 4/19/2008

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30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs

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