Idaho Expungement Laws: How to Clear or Seal a Criminal Record

Idaho offers several limited forms of relief: expungement of fingerprint and criminal history records for arrests that did not lead to charges, acquittal or dismissal (with sealing of the court file); "shielding" of certain misdemeanor and drug-possession records from public disclosure by court order; setting aside a guilty plea or conviction and dismissing the case after probation ("withheld judgment" or suspended sentence relief); reducing some felonies to misdemeanors; and expungement of juvenile records.

A person who was arrested or served a criminal summons and was not charged by indictment or information within one year, or who was acquitted of all offenses or had all charges dismissed, may send a written request to the Idaho State Police to expunge the fingerprint and criminal history record from that incident, and may have the court file sealed. This does not apply to dismissals granted under § 19-2604(1) after a guilty plea.

A person convicted of a misdemeanor that is not on the list of assaultive or violent misdemeanors may petition the court in the underlying case to shield the record from public disclosure. The petition may be filed no earlier than five years after completing the entire sentence, including probation, parole, fines and restitution, with no new convictions, pending cases, probation for a new offense, or restraining orders. Excluded misdemeanors include assault, battery, domestic battery and assault, second-degree stalking, violating a protection or no-contact order, telephone harassment, vehicular manslaughter, excessive DUI, battery on law enforcement, injury to children, sexual battery and indecent exposure. Separately, a person who received a withheld judgment or suspended sentence and had no probation violations may ask the court to set aside the plea or conviction and dismiss the case.

Felony convictions cannot be expunged, except that felony possession of a controlled substance under § 37-2732(a), (c) or (e) may be shielded on the same five-year terms as misdemeanors. A defendant who received a withheld judgment, a suspended sentence, or was not sentenced to prison may ask the court to set aside the plea or conviction and dismiss the case if there were no probation violations, which restores civil rights. A person discharged from felony probation may ask to have the felony reduced to a misdemeanor; within five years of discharge this requires the prosecutor's agreement, as it does after five years for listed serious offenses (such as murder, robbery, kidnapping and trafficking). Offenses requiring sex-offender registration cannot be dismissed or reduced.

Excessive DUI (§ 18-8004C) is on the list of assaultive or violent misdemeanors that cannot be shielded. A standard misdemeanor DUI is not on that list, so it may be eligible for shielding after the five-year waiting period if the other conditions are met.

A person adjudicated for a felony or committed to the Department of Juvenile Corrections may petition for expungement three years after the court's jurisdiction ends or release from the juvenile correctional center, or at age 18, whichever is later. For misdemeanors or status offenses only (without commitment), and for diversion or informal adjustment, the wait is one year after jurisdiction ends or age 18, whichever is later. The court holds a hearing with notice to the prosecutor. Serious offenses such as murder, rape, kidnapping, armed robbery, arson, aggravated battery and drug trafficking cannot be expunged. If granted, records are sealed and the proceedings are deemed never to have occurred.

For a non-conviction arrest, send a written request to the Idaho State Police (Bureau of Criminal Identification) and ask the court to seal its file. For shielding, file a petition in the underlying criminal case; the court sets a hearing, notifies the prosecutor (who notifies any victim), and may hear testimony. The court grants shielding if the person is eligible, has been held accountable, and shielding would not compromise public or victim safety. For dismissal or felony reduction under § 19-2604, apply to the sentencing court.

When records are shielded, court records are hidden from public view and the Idaho State Police make investigatory reports and fingerprint records unavailable to the public. Except in judicial proceedings, peace officer licensing and other listed situations, the proceedings are deemed never to have occurred and the person may lawfully answer inquiries accordingly. Law enforcement and court officers can still access shielded records, and a later felony conviction will lead to the shielding being revoked at the prosecutor's request. A dismissal under § 19-2604 restores civil rights. Immigration authorities may treat these records differently.

The Idaho State Police Bureau of Criminal Identification (BCI) keeps Idaho criminal history records (Idaho records only, not other states, FBI or federal convictions). For a personal name-based check, submit the Name-Based Criminal Background Check Form with the Payment Authorization Form and a $20.00 fee (results are not notarized). For a fingerprint-based check (notarized on request), submit an applicant fingerprint card, the Fingerprint Based Criminal Background Check Form, the Payment Authorization Form and a $25.00 fee; fingerprinting is available only at ISP headquarters in Meridian ($10 first card, $5 each additional), no appointment needed. Mail or hand-deliver to BCI, 700 S. Stratford Dr., Suite 120, Meridian, ID 83642. Emailed requests are not processed. Questions: AppUnit@isp.idaho.gov or 208-884-7130, option 1. When challenging a record, the fingerprint-based check is free.