Introduction to Misdemeanors in Idaho

Criminal offenses in Idaho are classified as either a felony, misdemeanor, or an infraction. Unlike some states, the law in Idaho does not categorize misdemeanors in degrees or as Class A and Class B offences. Rather, the law sets a definition for each crime and accompanying penalties.

In Idaho, a misdemeanor is any crime that is not a felony or an infraction. A felony is a crime punishable by death, imprisonment, or state prison, while an infraction is a civil public offense, which does not constitute a crime but is punishable by a penalty of not more than $300 and zero prison or jail terms. Every other crime that is punishable by imprisonment in state prison, county jail, fine, or by the discretion of the court is deemed a misdemeanor under the Idaho Criminal Laws (Idaho Code 18-111). Idaho criminal court records are typically accessible at the office of the county court clerk where the case is filed.

Common Examples of Misdemeanors in Idaho

The following crimes are common examples of misdemeanors in Idaho. The classification of these offenses as misdemeanors and the description of the offense may only apply in this manner in the state of Idaho.

• Disturbing the Peace (Idaho Code 18-6409): Any person who wilfully and maliciously disturbs the peace or quiet of any neighborhood, family or person, by loud or threatening noise,… offensive conduct, quarreling, initiating a fight or fighting, or fires any gun or pistol, or uses any vulgar, profane or indecent language within the presence of or hearing of children… is guilty of a misdemeanor.
• Violation of No Contact Order (Idaho Code 18-920): When a person charged or convicted for an offense for which the court finds that a no contact order is appropriate and issues a no contact order by a court or Idaho criminal rule, and the said charged or convicted person had contact with the stated person in violation of an order, they are guilty of a misdemeanor.
• Driving Without Privileges (Idaho Code 18-8001): Any person who drives or is in actual physical control of any motor vehicle on the highway of the state with knowledge that their driver’s license or driving privileges are revoked, suspended, or disqualified in Idaho or any other jurisdiction is guilty of a misdemeanor.
• Domestic Violence (Idaho Code 18-918): A household member who commits an assault or battery against another household member that does not result in traumatic injury is guilty of a domestic assault or domestic battery.

Statute of Limitations for Misdemeanors in Idaho

The statute of limitations is the timeframe within which a party can file a complaint or initiate legal action. For criminal offenses, the clock begins to tick from the moment the offense is committed or, for continuous offenses, when the accused stops perpetrating the criminal act.

For misdemeanors, prosecution must be commenced by the filing of a complaint with law enforcement or finding an indictment within 1 year after the act is committed (Idaho Code 16-1605). However, there are some exceptions in the law:

A prosecution for failure to report the abuse, neglect, or abandonment of a child must be commenced within four (4) years after its commission. For misuse of funds, the prosecution must be commenced within five (5) years. Additionally, if a misdemeanor was dismissed for a court-ordered diversion program, prosecution must be refiled no later than two (2) years after its dismissal.

Legal Penalties for Misdemeanors

In line with Idaho Code 18-113, every offense declared to be a misdemeanor is punishable by imprisonment in a county jail for a term not exceeding six months, or by fine not exceeding $1000, or both. The court may also impose a $1000 fine on any other sentence prescribed for a misdemeanor in specific statutes of the Idaho Code.

Other legal penalties may include supervised sentence (probation), community service, specialized programs (for DUI or drug court).

Court Process for Misdemeanors

In Idaho, an individual who is charged with the commission of a misdemeanor will be given a citation, a complaint, and a summons. These documents will include a statement of offense, the defendant is charged with, and a date and time to appear for their initial appearance. Now, here is what you need to know about the initial appearance and a quick guide to the misdemeanor court process in Idaho.

• Initial Appearance: At the initial appearance, the defendant is given a rights form, and the judge will confirm that they Å‚have read and understood their rights. The judge will state the charges and likely penalties and restate the defendant's right to hire a lawyer. Here, the defendant may request a court-appointed lawyer. The judge will then ask the defendant to enter a plea of guilty or not guilty. If the defendant pleads guilty, they give up their right to go to trial. On the flip side, if they plead not guilty, the case will proceed to court or jury trial.
• Pretrial Conference: When a plea of not guilty is entered in the initial hearing, the court schedules a pretrial conference and a trial date. Notice of these dates and times will be mailed to the defendant or their lawyer (usually within two weeks).
• Sentencing: If the defendant pleads guilty or is found guilty by the judge or jury, the judge determines the sentence. A judgment may be entered on the same day or scheduled for another court date. The sentence must be in tandem with the criminal statutes for that specific offense.
• Appeal: If the defendant or their legal representative is unsatisfied with the verdict of the judge or jury, they may appeal to a higher court within 42 days after the judgment is entered. The district court will review the decision of the magistrate's judge and either uphold or overturn the decision.

How Misdemeanors Affect Your Criminal Record

If a person is convicted of a misdemeanor offense in Idaho, the record stays on their criminal record forever. This information may be available to law enforcement agencies, financial institutions, loan services, landlords, and educational institutions upon request. Having a misdemeanor as a permanent criminal record may affect an individual’s chances at housing, work, education, and travel opportunities.

However, if the defendant was not charged within 1 year after their arrest, or had their charges dismissed or acquitted, they may be eligible to have records of their misdemeanor expunged. An expunged record will no longer exist on public platforms, and it will be as though the record never existed.

Differences Between Misdemeanors and Other Offenses

A misdemeanor is an offense punishable by imprisonment in the county jail not over six months or a fine of not more than $1000. Misdemeanors are more severe than an infraction but not as severe as a felony.

Compared to a misdemeanor, an infraction is simply a civil public offense. It is not a criminal offense, it does not carry any jail terms, and is only punishable by a fine not exceeding $300. A person cannot be arrested for an infraction. However, they may appear for a bench trial for failure to pay fines or to contest the infraction. An example of infractions in Idaho includes exceeding speed limits, running a red light, illegal lane change, renting a vehicle to or permitting a minor or person without a license to drive.

On the other hand, a felony is the most severe form of criminal offense a person can be charged with. Felony terms are served in a state prison, and offenders may be denied parole or probation, subject to behavior or the severity of the offense. Felony offenses are also punishable by death or life sentences.

How to Check for Misdemeanors in Court Records

To look up misdemeanor records in Idaho, interested persons may contact or visit the following county agencies: the county sheriff’s office or the office of the county court clerk. Idaho Court Records and Arrest Records are public records that are available and accessible to all members of the public.

Furthermore, researchers read case information on misdemeanor criminal proceedings online at the Idaho iCourt Portal. This system can be searched by the case number or party name.

Can a Misdemeanor Be Expunged or Sealed in Idaho?

In Idaho, a misdemeanor record may only be eligible to be expunged when it is not a conviction. So any person who was arrested or served a criminal summons and thereafter was not charged by indictment or any information within 1 year of the arrest or summons may write to the Idaho State Police, Bureau of Criminal Identification (BCI) to have their arrest, criminal history records, and all personal information documented in connection with the arrest/charge expunged.

The same applies to any person who was acquitted of all offenses flowing from the arrest or criminal summons, or anyone who has had all their misdemeanor charges dismissed. If a person has been convicted of a misdemeanor, they unfortunately cannot have those records or any felony committed sealed or expunged in Idaho (Idaho Code 67-3004(10)).

To paint a clearer picture, here is a summary of the conditions under which a person may expunge a misdemeanor record in Idaho.