Expunging or Sealing a Felony in Idaho

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.

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.