Expungement is a way to hide or destroy a criminal record from public view. Some states do not allow expungement at all and others permit it to varying degrees. In Idaho, expungement of a felony is available in a few limited circumstances, such as some juvenile felony convictions and any arrest on a felony charge that does not result in a conviction. Persons receiving a suspended sentence and given probation who successfully compete the terms of probation can petition the court to set-aside a felony conviction and have the case dismissed; however, this could only be considered a partial expungement, at best, because the record of the case is not destroyed.
Obtain a copy of your arrest record or court record of your acquittal for any arrest on felony charges as an adult that did not result in a conviction. Review the record to ensure that more than one year has passed since the arrest. Prepare a written request directed to the Idaho Bureau of Criminal Identification (BCI), which is the state repository for criminal records and fingerprints. The request should indicate that you were not charged with a crime after your arrest or were acquitted of the charges. State that under Idaho Code § 67-3004(10) you want the criminal record history and fingerprints taken in connection with the matter expunged. The BCI should expunge the records after receiving your request.
Obtain a copy of your juvenile felony conviction that will show the date you were released from juvenile detention or the juvenile court's jurisdiction over you was terminated. At least 5 years must have passed since either of the foregoing occurred and you must be at least 18 years old to request an expungement of your juvenile felony conviction.
Prepare a written petition to be filed with the court that requests expungement of your juvenile felony record. There is no special form for the petition. The essential information in the petition should be your identity; the record showing 5 years has passed since your juvenile detention or court jurisdiction over you; a statement that you have not been convicted or are currently under pending felony charges; and a statement requesting expungement of you record under Idaho Code § 20-525A. File the petition with the court.
Attend the hearing that the court will set after your petition is filed. The court will also notify the prosecuting attorney of the petition who may oppose, support or do nothing regarding the petition. If the court finds you have met the requirements of Idaho Code § 20-525A, your juvenile felony record will be expunged.
Although not an expungement, successful probationers should petition the court for an order to set-aside the conviction under Idaho Code § 19-2601(4) and have the charge dismissed because the dismissal will restore the probationer’s civil rights, such as voting and gun ownership.
Under Idaho Code § 18-8310, a convicted sex offender who has ten years of law-abiding conduct after conviction can petition for expungement from the sex offender registry, but the conviction will still be a public record.
Idaho Code § 20-525A(4) lists 19 felony criminal convictions that cannot be expunged from a juvenile record, such as armed robbery, arson and murder.
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