Expungement Attorney in Boise, ID

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Can I have my criminal record expunged?

Yes, as long as your case fits into one of these two categories:

  1. Any person who was arrested or served with a criminal summons and who subsequently was not charged by indictment or information within one (1) year of the arrest or summons.
  2. And any person who was acquitted of all offenses arising from an arrest or criminal summons may have the fingerprint and criminal history record taken in connection with the incident expunged upon that person's written request.
What this means is that if you were arrested or were served with a criminal summons (citation) and were not prosecuted within one year, you can petition the Idaho State Police to expunge your record. Also, if you went to trial and were acquitted of all charges you can petition the Idaho State Police to expunge your record. Lastly, if a person was tried in Juvenile Court they may also petition the court to expunge their record. Please refer to the juvenile law tab for a complete explanation regarding juvenile expungements.

Does Idaho have a partial expungement statute?

Yes. If you plead guilty to a charge or are convicted, and are put on probation, you can petition the court to dismiss your case or amend it to a misdemeanor after the successful completion of probation provided the following applies:

  1. The court did not find, and the defendant did not admit, in any probation violation proceeding that the defendant violated any of the terms or conditions of probation; or
  2. The defendant has successfully completed and graduated from an authorized drug court program or mental health court program and during any period of probation that may have been served following such graduation, the court did not find, and the defendant did not admit, in any probation violation proceeding that the defendant violated any of the terms or conditions of probation.
The court may terminate the sentence or set aside a plea of guilty or conviction and finally dismiss a case and discharge the defendant, or may amend the charge to a misdemeanor conviction, if the court is convinced that there is no longer cause for continuing the period of probation and it is within the public interest. This applies to cases in which defendants have been convicted and granted probation. The final dismissal of the case results in restoring the defendant to his civil rights.

If I was sentenced to the Idaho Department of Correction on a "rider" can I still petition?

Yes. A rider is a period of retained jurisdiction by the court, during which the court can change a sentence of imprisonment to one of probation. Relevant to expungement, if a sentence has been imposed but suspended for any period during the first three hundred sixty-five (365) days of a sentence, and the defendant is then placed upon probation upon application of the defendant, the prosecuting attorney, or upon the court’s own motion, the court may amend the judgment of conviction to deem it a misdemeanor conviction upon satisfactory showing that:

  1. The court did not find, and the defendant did not admit, in any probation violation proceeding that the defendant violated any of the terms or conditions of probation; or
  2. The defendant has successfully completed and graduated from an authorized drug court program or mental health court program and during any period of probation that may have been served following such graduation, the court did not find, and the defendant did not admit, in any probation violation proceeding that the defendant violated any of the terms or conditions of probation.

Does this law apply to sex offenses?

No, it does not apply to any judgment of conviction for a violation of any offense requiring sex offender registration as set forth in Idaho Code § 18-8304. A judgment of conviction for a violation of any offense requiring sex offender registration is not subject to dismissal or reduction under this section. A conviction for the purposes of this chapter means that the person has pled guilty or has been found guilty, notwithstanding the form of the judgment or withheld judgment.

Can I seal the information on the Idaho Supreme Court Repository or my court file?

Yes, physical and electronic records may be temporarily or permanently sealed or redacted by order of the court on a case-by-case basis. Any interested person, or the court on its own motion, may move to redact, seal or unseal a part or all of the records in any judicial proceeding.
The court must hold a hearing on the motion to seal. In ruling on whether specific records should be disclosed, redacted, or sealed the court must determine and make a finding of fact as to whether the interest in privacy or public disclosure predominates. Before a court may enter an order redacting or sealing records, it must also make one or more of the following determinations in writing:

  1. That the documents or materials contain highly intimate facts or statements, the publication of which would be highly objectionable to a reasonable person, or
  2. That the documents or materials contain facts or statements that the court finds might be libelous, or
  3. That the documents or materials contain facts or statements, the dissemination or publication of which would reasonably result in economic or financial loss or harm to a person having an interest in the documents or materials, or compromise the security of personnel, records or public property of or used by the judicial department, or
  4. That the documents or materials contain facts or statements that might threaten or endanger the life or safety of individuals, or
  5. That it is necessary to temporarily seal or redact the documents or materials to preserve the right to a fair trial.