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Idaho

Adult Criminal Record Clearance Overview

Adult criminal records for cases in which you were convicted are eligible for expungement in some situations. You have to file a petition in court to start the process.   

  • With certain exceptions, if you are required to register as a sex offender under Idaho Code § 18-8304, you may petition to be released from the duty to register and to have your record expunged from the central registry 10 years after the date of your conviction. 
  • If you have been convicted for offenses that occurred while you were a victim of human trafficking, you may petition to have those convictions vacated by the court and expunged if filed within a reasonable amount of time.  

Adult criminal records for arrests for which you were never convicted are eligible for expungement in some situations.   

  • If you are arrested and: 1) are not charged within one year of arrest or summons; 2) your charges are dismissed; or 3) you are acquitted of all charges, you may petition to have the criminal history records and fingerprints associated with your arrest expunged and the associated court file sealed. 
  • If you have been arrested but not convicted for offenses that occurred while you were a victim of human trafficking, you may petition to have those convictions expunged two years after the date of your arrest.  

Adult Criminal Record Clearance Policies

Records relating to a conviction for prostitution under section 18-5613, or other offenses that were the result of acts induced by human traffickers, can be vacated by the court and expunged if filed within a reasonable time after conviction. Idaho Code § 67-3014(2), (4).
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A person required to register as a sex offender under Idaho Code § 18-8304 may petition to be released from the duty to register and to have their record expunged from the central registry, unless the petitioner is a recidivist, has been convicted of an aggravated offense, or has been designated as a violent sexual predator. Idaho Code § 18-8310 (1).
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Criminal history records and fingerprints may be expunged by the state police, and the associated court file may be sealed, when charges are not filed within one year of arrest or summons, when all charges are dismissed, or when a person is acquitted. Idaho Code § 67-3004(10).
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Records relating to an arrest for prostitution under section 18-5613 or other offenses that did not result in conviction and were the result of acts induced by human traffickers may be expunged by the court two years after the date of arrest. Idaho Code § 67-3014.
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Juvenile Record Clearance Overview

Below is a general overview of when juvenile records can be expunged in Idaho. Please note that the Clean Slate Clearinghouse does not provide legal advice.  

Read the legal policies and statutes for detailed statutory information.  

Juvenile Record Clearance Policies Overview  

Most juvenile records can be expunged.  

 

 

  • If you successfully completed diversion or informal adjustment, your record can be expunged after you turn 18 or one year after your case closes, whichever occurs last. You must submit a request to the court to start the process, and it is up to the judge whether to grant your request. 
  • Juvenile records for misdemeanor offenses can be expunged after you turn 18 or one year after your case, probation, or placement ends, whichever occurs last. You must submit a request to the court to start the process, and it is up to the judge whether to grant your request. 
  • Juvenile records for felony offenses can be expunged after you turn 18 or five years after your case, probation, or placement ends, whichever occurs last. You must submit a request to the court to start the process, and it is up to the judge whether to grant your request. 

  You may not be eligible for expungement if your record includes certain convictions or adjudications or if you have a pending adult or juvenile case in which you are charged with an act of violence.    

Find a Lawyer  

If you think you might be eligible to have your record expunged, find a lawyer who may be able to help you. Some lawyers might help you for free, although you may still need to pay a fee to file the paperwork in court.    

Court Forms and Resources  

If you cannot find a lawyer to help you, you may be able to file a petition on your own using these court forms and resources. 

 

 

Juvenile Record Clearance Policies

A record relating to certain felony offenses or certain offenses for which a juvenile was committed to the department of juvenile corrections can be expunged if the court finds that the petitioner has been held accountable, is developing the life skills necessary to become a contributing member of the community, and that the expungement of the petitioner's record will not compromise public safety. Idaho Code Ann. §§ 20-525A(1), (5).
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A record relating to a misdemeanor that did not result in the juvenile being committed to the department of juvenile corrections can be expunged if the court finds that the petitioner has been held accountable, is developing the life skills necessary to become a contributing member of the community, and that the expungement of the petitioner's record will not compromise public safety. Idaho Code Ann. §§ 20-525A(2), (5).
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A record relating to a charge where the prosecuting attorney elected to utilize the diversion process or the court ordered an informal adjustment can be expunged if the court finds that the petitioner has been held accountable, is developing the life skills necessary to become a contributing member of the community, and that the expungement of the petitioner's record will not compromise public safety. Idaho Code Ann. §§ 20-525A(3), (5).
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Find A Lawyer

Legal service providers located in the state.

Contact information for legal aid organizations, bar associations, and other organizations that engage in record clearance work is provided for informational purposes only. The NRRC does not endorse or recommend any organization or individual referenced on the site. If you are a legal service provider who offers record clearance services, please contact us.

Idaho State Bar Lawyer Referral Service

Service area: Statewide

Idaho Legal Aid

Service area: Boise, Caldwell, Coeur d'Alene, Idaho Falls, Lewiston, Pocatello, and Twin Falls counties Clearance services available only for those with juvenile records.

Court Forms & Resources

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CSG Justice Center

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