Clearing a DUI From Your Record in Idaho
Whether a DUI or DWI conviction can be expunged or sealed in Idaho, and what to do instead if it can't.
Short answer: Excessive DUI (§ 18-8004C) is on the list of assaultive or violent misdemeanors that cannot be shielded. Idaho Code § 67-3004(11)(b)(viii)
| DUI / DWI convictions | 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. |
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| How to apply | 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. |
Where to get help in Idaho
More Idaho expungement & criminal records
- Getting a Copy of Your Idaho Criminal Record
- Expunging or Sealing a Felony in Idaho
- How to File for Expungement in Idaho
- Sealing or Expunging Juvenile Records in Idaho
- All Idaho expungement & criminal records rules
FAQ
Can a DUI be expunged in Idaho?
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.
How do you file for expungement in Idaho?
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.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.