Idaho Affidavit in Support of Motion to Order Expungement of Criminal Record

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US-02246BG
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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

Search Idaho Statutes A felony is a crime which is punishable with death or by imprisonment in the state prison. An infraction is a civil public offense, not constituting a crime, which is punishable only by a penalty not exceeding three hundred dollars ($300) and for which no period of incarceration may be imposed.

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.

Idaho does not have a separate provision to seal juvenile record information, but expungement does result in a sealed, confidential record. If the court grants the requested expungement, all records in the petitioner's case will be removed from public access.

The party must file a motion to seal and then the court must hold a hearing on the motion to seal. In ruling on whether specific records should be disclosed, redacted, or sealed the court must determine and make a finding of fact as to whether the interest in privacy or public disclosure predominates.

If an individual was convicted of a felony or if they were incarcerated as a juvenile, they may be eligible for record sealing if five years have passed since either: The individual turned 18 years of age; The individual was released; or. The court terminated its jurisdiction, whichever is latest.

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.

The closest thing to expungement that Idaho offers is sealing the records of a case. Physical and electronic records may be temporarily or permanently sealed or redacted by order of the court on a case-by-case basis. The party must file a motion to seal and then the court must hold a hearing on the motion to seal.

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 Affidavit in Support of Motion to Order Expungement of Criminal Record