Idaho Motion for New Trial for Purpose of Expunging Criminal Record

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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

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.

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.

IDAHO DUI PENALTIES 15 is considered a second degree misdemeanor punishable by fines, time served in jail, license suspension and restrictions. A person found guilty of DUI for the first time will face a fine of at least $500 but no more than $1,000 and a jail sentence of no more than six months.

Expungement in Idaho is very limited. You can expunge charges and arrests, but you cannot expunge most convictions.

In general, you are eligible to have a nonconviction record expunged if the charges were dismissed, you were found not guilty or acquitted, or you were arrested and not charged within one year.

The state of Idaho is a washout state. This means that your DUI citation is washed from your record after a certain period, that is, ten years. This is in contrast to states which have a lifetime lookback period for a DUI citation.

Although it is difficult to get exact numbers for the data, we can see that in the year 2018-2019, 48 percent of DUI cases in Ontario courts were found guilty. Of the remaining 52 percent, the defendants were either: Acquitted. The case was dismissed or withdrawn.

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.

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Idaho Motion for New Trial for Purpose of Expunging Criminal Record