Idaho Motion to Expunge Criminal Offender Record due to Charges having been Dismissed

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Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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  • Preview Motion to Expunge Criminal Offender Record due to Charges having been Dismissed
  • Preview Motion to Expunge Criminal Offender Record due to Charges having been Dismissed

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FAQ

Criminal records stay with you for life. They do not automatically disappear, not after several years and not for minor offences. Except in a few cases, you may apply for a record suspension (pardon) if you want the RCMP to keep your record separate from other criminal records so that the information is not accessible.

Pursuant to Idaho Code §19-2604, if you successfully completed your probation without issue and you can show good cause, you may have your case retroactively reduced from a felony to a misdemeanor. While this might not completely erase all record of the case, this is a very positive result for many people.

To request an expungement an individual must file an Expungement Application with the Idaho State Police. The individual must attach a copy of their acquittal order to their application. Another option in Idaho is deferred sentencing, which is also known as a partial expungement.

In Idaho, a case's records can only be 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 will hold a hearing to deliberate the petition.

In general, criminal records, both juvenile and adult, never really go away. The courts, police, and FBI always keep some information. In that way if someone is arrested in Idaho, but had a juvenile arrest in Utah, that information can come up in criminal sentencing.

For non-violent offenses (both felony and misdemeanor), individuals are eligible for pardon five years after completion of the sentence, including payment of restitution and fines. For violent and sex offenders, individuals are eligible for pardon ten years after completion of the sentence.

Punishment for felony. Except in cases where a different punishment is prescribed by this code, every offense declared to be a felony is punishable by imprisonment in the state prison not exceeding five (5) years, or by fine not exceeding fifty thousand dollars ($50,000), or by both such fine and imprisonment.

While expunging is only possible when an arrest results in no action or a dismissal or charges, sealing a record is possible when the court ?withholds? adjudication. DUI is the only misdemeanor crime in which withholding adjudication is not an option for a judge.

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Idaho Motion to Expunge Criminal Offender Record due to Charges having been Dismissed