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State v. Chesley6/22/2004
gencies); State v. Thibert , 1998 MT 207, 8-10, 290 Mont. 408, 8-10, 965 P.2d 251, 8-10 (pursuant to § 61-8-714(5), MCA (1987), Thibert's 1988 DUI offense was the only DUI out of five that qualified for automatic expungement, because it was the only offense followed by five years without another conviction); State v. Bowles (1997), 284 Mont. 490, 497, 947 P.2d 52, 56 (holding that language in the expungement provision of § 61-8-714(5), MCA (1981), provided for automatic expungement of eligible DUI convictions as a matter of law); State v. Sidmore (1997), 286 Mont. 218, 228, 951 P.2d 558, 565 (Section 61-8-714(5), MCA (1987), applied to Sidmore's Idaho DUI conviction, therefore it was expunged by operation of law); Brander , 280 Mont. at 151-52, 930 P.2d at 33-34 (holding that § 61-8-714(5), MCA (1985), automatically expunges DUI convictions that are not followed by subsequent DUI convictions within five years); Lorash , 238 Mont. at 347, 777 P.2d at 886 (upon affirmative action by defendant, criminal records may be expunged pursuant to § 46-18-204, MCA (1987)).
This Court has never contemplated the concept of judicial inherent authority to expunge criminal records, nor have we considered jurisdiction in equity to expunge such records. We have carefully reviewed the record and have considered, but are unpersuaded by, the various arguments raised by Chesley in his briefs. Absent explicit authorization from the legislature, we conclude that the judiciary has no power to expunge criminal records.
Expungement of such records is a matter of legislative discretion. Therefore, we conclude that the District Court correctly disposed of Chesley's motion. Thus, we affirm.
ISSUE TWO
Whether the District Court erred when it declined to expunge Chesley's criminal record.
Chesley asserts numerous arguments to support his claim that it is appropriate for this Court to expunge his criminal record. Because our conclusion in Issue One precludes expungement of criminal records absent explicit authorization from the legislature, and there is none in instant case, we need not reach the merits of this issue.
We affirm the Order of the District Court.
JIM REGNIER
We Concur:
KARLA M. GRAY
W. WILLIAM LEAPHART
JOHN WARNER
JAMES C. NELSON
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