In Idaho, you can petition to have your criminal record expunged -- that is, erased or sealed -- under the circumstances described below. If your criminal record is expunged, it is confidential and will no longer be available to the public. In most cases, you will not have to disclose that you were arrested or charged with a crime.
Expungement If You Were Not Convicted of a Crime
If you were arrested or served a criminal summons but not convicted of a crime, you may petition to have the related record expunged if you were not charged within one year, or you were acquitted of all charges connected with the arrest or summons.(Idaho Code § 67-3004(10).) This rule does not apply to sex offenses.
Expungement If You Were Convicted of a Crime
It is usually not possible to expunge your criminal record if you were convicted in Idaho. State law provides a couple of limited exceptions:
Sex offender registry. If you were convicted of a sex offense and it has been at least ten years from the date you completed your sentence, you may be exempt from the duty to register as a sex offender. This may include having your registry records expunged. (Idaho Code § 18-8310.)
DNA evidence. If your conviction was reversed and the case was dismissed, you may petition to have your DNA profile expunged from the state DNA database. (Idaho Code § 19-5513.)
In other cases, if you have completed probation or served your sentence, you may be able to have your conviction set aside and some of your rights restored. This will not usually include expungement of your record, however. To learn more, consult a qualified criminal law attorney.
How to File
Getting Legal Help
Cleaning up a criminal record can be complicated. To learn more about expunging criminal records in Idaho -- and to discuss your personal circumstances -- you should contact a qualified criminal law attorney. A good lawyer can help you each step of the way.