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69th Legislature HJ 45
- 1 - Authorized Print Version – HJ 45
ENROLLED BILL
A JOINT RESOLUTION OF THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF
MONTANA REQUESTING AN INTERIM STUDY ON THE COLLATERAL CONSEQUENCES OF CRIMINAL
CONVICTIONS AND ON CRIMINAL RECORD EXPUNGEMENT; AND REQUIRING THAT THE FINAL
RESULTS OF THE STUDY BE REPORTED TO THE 70TH LEGISLATURE IN THE FORM OF INTRODUCED
LEGISLATION.
WHEREAS, criminal record clearance mechanisms have quickly become the preferred means to help
mitigate many of the barriers and the stigmas that people with a criminal record often face; and
WHEREAS, historically, record clearance was relatively limited and involved restricting public access to
a person's official criminal record, which could only be accessed through physical copies from a court; and
WHEREAS, technological innovations have fundamentally changed how information is accessed and
shared, so criminal history information is now easily and cheaply available online from a wide variety of
sources; and
WHEREAS, as a result, it can be difficult for a person's criminal history to be truly expunged in the
digital public forum where employers, landlords, and others commonly seek information about an applicant's
criminal history, and many individuals who have a history in the justice system continue to face employment
and housing barriers due to background check errors that have been produced by private online sources; and
WHEREAS, state statutory and regulatory codes are littered with provisions that create barriers to
employment, licensure, housing, and other opportunities due to a person's criminal history, and the extent to
which these provisions implicate expunged criminal history is often uncertain; and
WHEREAS, people with criminal histories contend not only with legal barriers but also discrimination
based on the stigmas of private employers and other actors.
69th Legislature HJ 45
- 2 - Authorized Print Version – HJ 45
ENROLLED BILL
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF
THE STATE OF MONTANA:
That the Legislative Council be requested to designate an appropriate interim committee or statutory
committee, pursuant to section 5-5-217, MCA, to:
(1) review existing criminal record expungement laws in the state;
(2) investigate challenges related to collateral consequences of criminal convictions and how
discrimination based on stigmas impacts individuals with expunged criminal records in the state. The study may
include but is not limited to:
(a) the potential legal barriers to opportunity in housing and employment due to unaddressed
ambiguity in law regarding expunged criminal history records;
(b) discrimination in housing and employment based on inquiries into expunged criminal history;
(c) interstate challenges experienced by people with expunged criminal history and any relief
afforded by record clearance policies across state lines; and
(d) disclosure and dissemination of expunged criminal record information by commercial criminal
record providers.
(3) consider evaluating how landlords, housing providers, and employers in the state interpret
expunged records and explore state incentive models, including Medicaid value-based payment models, for
expungement-friendly housing;
(4) analyze felony recidivism rates, employment outcomes, and social determinants of reentry
success for individuals with expunged criminal records in the state;
(5) consider analyzing employment retention, wage growth, and housing stability of individuals with
expunged criminal records in the state before and after record expungement;
(6) examine criminal record clearance laws in other states and identify whether these measures
are or would be similarly effective in this state;
(7) evaluate forensic peer support as a key expungement support service and examine models of
peer support integration in reentry programs in other states, specifically in Ohio, Pennsylvania, and Texas; and
(8) suggest specific changes to existing state law to respond to the legal barriers and
discrimination, if any, that individuals with expunged criminal records face.
69th Legislature HJ 45
- 3 - Authorized Print Version – HJ 45
ENROLLED BILL
BE IT FURTHER RESOLVED, that the assigned committee collaborate with the general public and the
relevant state and national stakeholders to examine this topic, including but not limited to the Department of
Justice, the Office of the State Public Defender, the Department of Corrections, county prosecutors, and victim
advocates.
BE IT FURTHER RESOLVED, that all aspects of the study, including presentation and review
requirements, be concluded prior to September 15, 2026.
BE IT FURTHER RESOLVED, that the final results of the study, including any findings, conclusions,
comments, or recommendations of the appropriate committee, be reported to the 70th Legislature in the form of
introduced legislation.
- END -
I hereby certify that the within bill,
HJ 45, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
HOUSE JOINT RESOLUTION NO. 45
INTRODUCED BY K. SEEKINS-CROWE
A JOINT RESOLUTION OF THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF
MONTANA REQUESTING AN INTERIM STUDY ON THE COLLATERAL CONSEQUENCES OF CRIMINAL
CONVICTIONS AND ON CRIMINAL RECORD EXPUNGEMENT; AND REQUIRING THAT THE FINAL
RESULTS OF THE STUDY BE REPORTED TO THE 70TH LEGISLATURE IN THE FORM OF INTRODUCED
LEGISLATION.