Felonies, Misdemeanors And Infractions in Idaho

In the state of Idaho, offenses are generally considered criminal and non-criminal offenses. According to the Idaho justice system, criminal offenses are further classified into two categories: felonies and misdemeanors. On the other hand, non-criminal offenses are minor offenses and violations known as infractions. Under the provisions of the Idaho Penal Code, punishments for the conviction of any criminal offense in the state are one or more of the following:

• Death
• Imprisonment
• Fine
• Removal from office
• Disqualification to hold and enjoy any office of honor, trust or profit.
• Withdrawal of licenses ( driving, gun professional etc)

An offender's ideal course of action generally depends on the offense for which they are indicted. Depending on how serious an offense is, it may attract a combination of imprisonment and a fine as a penalty, while capital felonies attract the death sentence or life imprisonment. Consequently, the severity of different offenses in Idaho defines the seriousness of the punishments they attract. Whatever the case, offenders are generally advised to seek professional legal counsel when they are on trial for a crime in Idaho.

What is a Felony in Idaho?

Felonies in the state of Idaho are the most serious crimes and attract severe penalties. They are mostly violent crimes that cause harm to people and wanton destruction to property. In Idaho, a felony is any crime punishable by a death sentence or life imprisonment, with or without a heavy fine. Imprisonment is typically served in a State prison and may be accompanied by a fine.

Idaho laws do not divide felony crimes into classes or levels like some other states. Instead, each felony act has a specific punishment earmarked for it. Therefore, the severity of punishments for felony crimes is not based on the class of a crime, but on the crime itself. For instance, the state Penal Code authorizes that an individual who commits assault with a deadly weapon should be charged with 5 to 15 years imprisonment, with or without a fine up to $5,000. Whereas, specific Idaho sex offenses, specifically a rape conviction, is punishable by a lifetime imprisonment (Idaho Code § 18-6104.)

On the other hand, any felony that does not have a specific punishment prescribed for it by law is punishable by a fine up to $50,000, or imprisonment in a state prison up to five years, or both. However, the most severe penalty for a felony in Idaho is death or life imprisonment.

What Are Some Examples Of Felonies In Idaho?

According to the Idaho Criminal Code, here are some of the typical felony crimes.

• Assault with a deadly weapon
• Injury to a child
• Harassing a witness
• Rape
• Domestic battery
• Kidnapping
• Indecent exposure
• Enticing children
• Threats against state officials of the executive, legislative or judicial branch
• Burglary
• Aggravated battery
• Trafficking
• Murder

Can I Get A Felony Removed From A Court Record In Idaho?

It is possible, but it may be challenging to get a felony conviction removed or expunged from a court record in Idaho. The state views felonies as severe violations and their perpetrators as dangerous and threatening public safety. As such, the state limits the expungement of felonies from criminal records. A person may, however, be eligible to expunge such records as arrests, acquittals, information in the sex offenders' registry, and juvenile offense records. But under the following conditions:

1. The person was arrested or served with a criminal summons but was not charged within one year.
2. The defendant was charged but was later acquitted of all the offenses. This may happen in the case of mistaken identity or identity theft.
3. The applicant was a juvenile offender at the time of conviction (Idaho Code 20- 525A) and has fulfilled the requirements of the law. Idaho's justice system provides for the expungement of juvenile offenders' criminal records, provided it is not one of the felonies exempted from expungement. This is done to give young offenders a new lease of life, considering the adverse long-term effects a criminal record can have on a person's life.
4. The person was granted a withheld judgment (usually given once in a lifetime in Idaho).  A Withheld judgment occurs when a defendant pleads guilty to a crime and requests that judgment be withheld. In such a situation, the judge does not pronounce a 'conviction sentence' against the defendant but prescribes a punishment for the offense.  This means there's no court record of a criminal conviction against the person. After serving the sentence, the defendant can request (in writing) that the case be expunged, so it looks like the crime was never committed. This option confers the right on a person with an expunged criminal record to deny having been legally convicted of the crime. 

There is also the option of case Dismissal according to Idaho Code § 19-2604. This is applicable when an offender successfully completes his or her probation with no issues raised, and is able to show good cause (evidence of remorse or change of character). Such a case may be considered for retroactive dismissal. As a result, a court record that should read "guilty" will read "dismissed by court" instead, but it will still appear on FBI records as an arrest.

There are, however, 19 specific felony crimes in Idaho that can never be eligible for expungement, according to the Penal Code Section 20-525A(4). Even if the applicant meets the conditions listed above, or was a juvenile at the time of commission of the crime, the record remains intact and available to the public. They may include:

• Poisoning with intention to kill, (Idaho Code 18-4014)
• Assault with intent to commit murder
• Arson
• Kidnapping
• Injury to a child
• Voluntary manslaughter
• Human trafficking
• Unlawful use of a destructive device or bomb
• Cannibalism...among others

Is expungement the same as sealing court records in Idaho?

Expungement is not the same as sealing a court record in Idaho. An expunged record is removed or erased from one's criminal records, while a record is sealed from public access by a court order. When a record is expunged in Idaho, it is withdrawn from all public records and cannot be officially accessed by employers or landlords from the public domain during background checks. Only physical evidence of the records is destroyed, such as fingerprints, pictures taken of the defendant during documentation after arrest, then all other records taken in connection with the crime are sealed.

To get a criminal record expunged, interested and eligible petitioners may apply in writing to the Idaho State Police (ISP), or download an expungement application form from their official website. All documents showing eligibility for expungement should be attached to the filled form before submitting it. It usually takes 30 days for the ISP to process an expungement request. However, it is noteworthy that records do not 'disappear' completely in Idaho. A copy is retained in the State Repository and can be accessed by law enforcement agents when authorised by a court order.

In contrast, when a record is sealed, it is not destroyed but not accessible. A judge issues a court order to seal a record, authorising it to be sealed from any form of access to it. Nobody, including law enforcement agencies, may have access to such records without authorisation by the court. The court can only approve such authorisation for specific special reasons, such as criminal investigation purposes, especially for public security, or if the records owner requests it. 

However, getting a criminal record sealed in Idaho is not easy. A record is only eligible for sealing if the applicant meets all the requirements set out by the state in Idaho Penal Code §67-3004(10). A written application must be submitted to the court, where the case will be considered. The judge holds the jurisdiction to approve or disapprove a request for records sealing. For instance, a juvenile offender's criminal record is eligible for sealing five years after he or she has either become 18 years, been released from incarceration or the court jurisdiction has been completed, whichever if the three comes first.  

Like under expungement, sealing does not apply to some offenses in Idaho. All the conditions applicable for expungement also apply to sealing of adult records in Idaho. Therefore, sealing and expungement require the same set of requirements to enact them.

What are misdemeanors in Idaho?

Misdemeanors are less serious than felonies because they are mostly non-violent in Idaho. But they are considered serious enough to be punished by short jail terms and not heavy fines. Idaho Penal Code  18-111 prescribes that any crime that can be punished with imprisonment in a state prison and also in a county jail, should be adjudged a misdemeanor, and can attract any punishment, inasmuch it is not imprisonment in the state prison. Other penalties of a misdemeanor in Idaho include:

• Probation
• Suspension of license
• Compulsory attendance and completion of rehabilitation classes.

But where the law does not specify a particular punishment, a misdemeanor is punishable under the state Statutes (Idaho Penal Code 18-113)  by imprisonment in a county jail of not more than 6 months, and a fine not more than $1,000 or both. Also, if the law prescribes a penalty without a fine attached to it, a judge can impose a fine of up to $1,000.

Unlike what obtains in some other states, the state of Idaho does not categorise misdemeanors into classes or degrees, but handles each case on a crime by crime basis. This means that each crime has a specific penalty attached to it. For instance, hitting someone (battery) attracts up to six months in a county  jail, or a fine of not more than $1,000, or both (Idaho Code Ann. § 18-904). However, a misdemeanor can be upgraded to a felony status if the person is a repeat offender, especially with DUI (Driving Under Influence) cases. This may lead to imprisonment of more than one year in a state prison.

What are some examples of misdemeanors in Idaho?

Some examples of misdemeanor convictions in the state of Idaho are:

• Reckless driving
• DUI (Driving under influence)
• Disorderly conduct
• Gambling
• Petty theft
• Over speeding
• Battery
• Harassment
• Book making and pool selling
• Unlawful possession of slot machines

Can I get a misdemeanor removed from a record in Idaho?

A misdemeanor conviction can be  expunged as long as the conditions spelt out in the Statutes are fully met by the applicant. Although expungement in Idaho Justice System does not mean that the record will cease to exist; what it does mean is that the general public ceases to have access to it. Even law enforcement agencies need a court order before they can access it. 

The age of an offender helps to  determine whether a crime is eligible for expungement or not. Juvenile offenders can file for the expungement of criminal records, and the court might likely consider such an application if:

• The Judge sees that the applicant was not convicted of an offense in which harm was targeted at another person;
• The applicant has served punishment in a juvenile corrections facility;
• The applicant is developing skills to become a useful and contributing member of the community; and
• The expungement of the applicant’s criminal record will not put the peace of the whole community in jeopardy.

When these conditions are met, the court will order for the criminal record in question to be expunged, which will restrict access to it except another court order authorises access to it

Can a DUI be expunged in Idaho?

Yes, it can, as a misdemeanor offense. Driving under the influence of drugs or alcohol is a serious crime in the state of Idaho. On many occasions, it may remain in a person's records for a very long time. As a misdemeanor, it can be expunged, but if it has changed to a felony, it becomes very difficult, if not impossible, to expunge. 

According to Idaho laws, the type of DUI offense determines whether it can be expunged. Depending on the frequency and interval of occurrence, a DUI offender can be a first-time, second-time, or third-time offender. Each DUI offense attracts a penalty commensurate with its level of seriousness. A first-time DUI offense is considered a misdemeanor and qualifies for expungement. The penalty is a jail term of not more than 6 months in a county jail and/or a fine of $1,000 and a 90- to 180-day license suspension.

The second DUI crime by an offender, within 10 years after the first one, is still considered a misdemeanor conviction. It attracts a fine of not more than $2,000, and/or a jail term of not more than 1 year, also in a county jail, and a year suspension of license with no driving privileges. However, a third DUI crime by the same offender, within 10 years, has become a felony under the law. It is punishable by a jail term of not more than 5 years in the state prison, a fine of not more than $5,000, and a 5-year suspension of license.

Therefore, for a DUI conviction to qualify for expungement in the state of Idaho, Section 1 of the Criminal Procedure of the state of Idaho stipulates conditions that should be met. Once those conditions are met, the record can be expunged. 

What is an infraction in Idaho?

In Idaho, an infraction is not considered a crime, and as such, it is not punishable by a jail term but by a fine. According to the Idaho Criminal Code, infractions are civil public offenses punishable by a fine of not more than $300 with no option of a jail term. 

Different infractions attract different amounts of money as fines in Idaho, since the state treats each offense on its merit. For instance, possessing or consuming alcoholic beverages in an open container, as a passenger in a public transport, is an infraction.  It attracts a fixed fine of #15.50, court cost of $16.50, and other fees; therefore, the total fine is $102. However, the Criminal Code of the state stipulates that for every infraction with no specific prescribed fine, the offender will pay a total of $15.50 as a fine.

An infraction may be charged as a misdemeanor if the offense is committed repeatedly within a stipulated period. Section 18-3906 of the state Criminal Code states that placing debris on highways is an infraction punishable by a fine of $150 for a first offender. When a person commits the same offense within two years, the fine typically increases to a maximum of $300. However, a third-time offender of the same infraction within 3 years is convicted of a misdemeanor and sentenced to a jail term of up to 30 days in county jail and up to $1,000 fine.

What are some examples of infractions in Idaho?

Some of the examples of infractions in Idaho are:

• Failure to fasten the restraint
• Failure to restrain a child in a car safety seat
• Speeding in a construction zone
• Speeding in a school zone
• Permitting an unauthorized child under the age of 18 to operate a vehicle
• Using an expired license
• Operating a vehicle without registration
• Texting while driving
• Operating a motor vehicle without insurance
• Overloading a truck
• Improper water skiing
• Permitting smoking in a public building or office

Can infractions be expunged from an Idaho Criminal Court Record?

Since infractions are not criminal offenses in Idaho, they may be eligible for expungement. Just like in some other states, infractions do not enter a person's criminal record in the state of Idaho because they are just civil public offenses. There is therefore no need to file for expungement of infractions, since offenders are only issued tickets to pay fines for misbehaving in public, no court records or arrest documents are involved.