Sealing and Expunging Criminal Records in Idaho

In Idaho, criminal records are public records accessible to prospective landlords, schools, professional societies, and employers. The existence of such records may limit the subject’s chances of getting a job, being admitted into a school or professional body, and other civil or social privileges. To help mitigate these circumstances, the Idaho Judicial Branch allows some records to be expunged depending on the conviction or crime committed. Once expungement occurs in Idaho, the criminal offense is removed from the individual’s case file, while a sealed record is only made unavailable for viewing by the public.

The Difference between Sealing and Expunging Criminal Records

Idaho heavily restricts the sealing and expungement of adult criminal records. The sealing of a criminal record makes the document inaccessible or unavailable for viewing or copying to members of the public unless a court order or subpoena challenges the restriction. Criminal record expungement in Idaho refers to the removal of conviction information, arrest details, deferred judgment, or sex offender registry information from an individual’s criminal history.

How to Seal a Criminal Record in Idaho

In Idaho, records are sealed following the issuance of a court order. The individual seeking to have criminal records sealed is required to file a motion requesting the restriction, after which the court typically holds a hearing to deliberate on the petition. The judge is charged with deciding if it is in the public interest to have the records sealed or disclosed. Judges also determine if:

• There are facts or statements in the case file that might be defamatory
• Granting access or publishing the documents typically leads to financial or economic loss and breach of security of the workers, records, or property directly related to the case or cause to a party involved.
• The documents contain some intimate details or facts that are typically offensive to any person who gains access to the records.
• Temporarily sealing the records typically maintains the individual’s right to a fair trial.
• The document contains details that endanger the safety or cause harm to an individual.

Note: Even if an individual’s issue falls under one of the conditions, the Idaho courts and judges rarely grant the order to seal a criminal record.

What Crimes Can Be Expunged in Idaho

Idaho only allows expungement in very few instances. The process covers documents like arrest records, DNA records, fingerprints, information on the sex offender registry, juvenile records, and some criminal history records. For expungeable crimes, Idaho addresses situations surrounding an offense rather than the crime itself. Categories of people eligible for expungement include:

• Persons granted exemption from registering as a sexual offender under the Idaho Code § 18–8310.
• A juvenile whose photograph and fingerprint were collected when in custody, as seen in the Idaho Code § 20–516.
• Any juvenile offender with crimes listed under the Idaho Code § 20–525A who meets eligibility requirements.
• Persons having DNA records stored on the state database, but the conviction for which the DNA record was put on the database has been reversed or dismissed, following Idaho Code § 19–5513.
• Individuals arrested and served criminal warrants but did not get indicted or charged within a year of the arrest, or an individual acquitted of all crimes arising from the criminal warrant, according to Idaho Code § 67–3004.

Except an individual or offender falls into these categories, an expungement is not likely in the state of Idaho. Offenders or individuals who are ineligible for expungement may sometimes try the withheld judgment route. In Idaho, alleged violators who plead guilty to a misdemeanor or felony charge are allowed to ask for a withheld judgment from the court. Withheld judgment means that there is typically no record of conviction against the accused, but the offender must still serve the probation, sentence, or punishment. Afterward, individuals may request that the court dismiss the case. Once the court grants the request, the offender may deny being convicted of a crime before.

Can a Felony be Expunged in Idaho?

In Idaho, most felony convictions are not eligible for expungement. However, the state’s Clean Slate Act allows the expungement of some nonviolent felonies, including first-time drug possession offenses, grand theft, and burglary. Violent felony records, on the other hand, are permanently ineligible for expungement in Idaho. These include sex offenses, murder, and manslaughter. Details of such cases tend to remain on the subject’s records indefinitely.

Although eligible for expungement, nonviolent felonies are required to meet the following criteria stated by the Clean Slate Act before they can be expunged. These include:

• All fines, probations, paroles, and restitution must have been paid or completed.
• Five years must have passed since the completion of the sentence.
• The individual has maintained a clean criminal history after completing the sentence (no pending charges).

The courts are more likely to grant expungement for convictions that have satisfied the above requirements. However, applicants also need to review their criminal history records before submitting a petition.

How to Expunge Criminal Records in Idaho

Based on the conditions to expunge criminal records in Idaho, the process is outlined below for each category.

• According to Idaho Code § 18–8310, sexual offenders are ineligible to request record expungement, especially as it pertains to sexually-based offenses.
• For juvenile criminal records, requestors typically need to submit a request to the juvenile court to have the records expunged. Courts may honor petitions if the person has served a sentence and has not been convicted of any crime since release.
• Those who haven’t been charged before the one-year statute of limitation has elapsed, or those acquitted of their charges, may submit a written request for expungement to the agency maintaining fingerprint and criminal history records pertaining to the case as stipulated in Idaho Code § 67–3004.
• Interested persons can request, with copies served to the court where the trial took place, the prosecuting attorney, and the bureau of forensic services, for the expungement of DNA records in cases where the court reversed the conviction of the accused person, who was acquitted of all charges. The court judge retains the authority to grant or deny the request, and his or her decision is not subject to appeal, as stipulated in the Idaho Code § 19–5513.

Do Sealed Records Show Up In Idaho Background Checks?

No. Sealed records do not show up in background checks in Idaho. Once the expungement is concluded, the public cannot view the case files anymore. Also, the case documents typically do not show up when employers, professional societies, or landlords run a background check.

Who Can See Sealed Criminal Records in Idaho

In Idaho, sealed criminal records are generally inaccessible to anybody but authorized law enforcement agencies such as the Federal Bureau of Investigation (FBI). The FBI maintains a repository known as the National Crime Information Center (NCIC), which is a national database that can be accessed by law enforcement officers around the country. Whether a case is expunged or sealed, it remains on this database and can be accessed by law enforcement.

How Can I Get My Record Expunged for Free in Idaho?

In Idaho, the courts do not charge a fee for expungement of records. However, the preliminary processes may incur some costs. For instance, applicants must obtain their criminal history records or court dispositions before submitting a petition, and this may incur some costs. Notably, some nonprofit public defenders in the state can help with this process and filling of the application form at subsidized costs or no costs.

The first step in applying for expungement is a review of the individual’s criminal history or court disposition. This provides details of the case number, the specific charges to be expunged, and the dates of conviction and completion of paroles and probations, which must be included in the petition or application form. It should also include the following information:

• Full name
• Date of birth
• Permanent address
• Mailing address
• Case number
• Arresting agency
• Date of arrest
• Charges

How to Obtain Sealed Records in Idaho

In Idaho, interested persons may be able to obtain sealed records through a court order. The requester must submit an application stating the reason to access the sealed criminal files to the court that granted the sealing order. If the judge is satisfied with the grounds highlighted, the judge may give a court order to unseal the record.

Records that are considered public may be accessible from some third-party websites. Operating independently of any federal, state, or local agency, such websites may simplify the search process as they are not limited by geographic location. In addition, third-party sites typically have search engines that can be used for filtering specific or multiple records. To use third-party or government websites, interested parties may need to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused in

However, third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability cannot be guaranteed.