How to 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.

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.

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.