Idaho Petition for Expungement of Record in Case of Acquittal and Release without Conviction

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US-02243BG
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Description

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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FAQ

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.

However, in Idaho, if you're convicted of DUI, there is very little chance of your ever getting it expunged. Generally speaking, getting any conviction expunged can be hard. In Idaho, in order to get any criminal charge expunged you must prove that one of the following things apply: You were acquitted of the charges.

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 Idaho, a Withheld Judgment is a case resolution whereby the court never enters an Order of Conviction - they "withhold" - meaning the defendant is never actually convicted of the crime. This occurs during the sentencing phase of the case - after the defendant has entered a guilty plea.

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.

Your DUI conviction could remain on your record for 75 years by law, with no possibility of expungement or sealing. The only way to protect your future is to fight for an acquittal, dropped charges, or lowered charges. This is maximized through the power of a trial-tested, seasoned criminal defense lawyer.

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Idaho Petition for Expungement of Record in Case of Acquittal and Release without Conviction