Idaho Motion To Seal Juvenile Records

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US-03332BG
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Description

A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public. An attorney who is licensed to practice in the jurisdiction where the case is heard usually initiates a motion of this type, although many jurisdictions will allow private citizens to file the motion through a court clerk. A court request to seal records is common in many situations, especially when the welfare of a minor could be adversely impacted if the court records were made readily available to the general public.


Most jurisdictions have specific laws and procedures regarding the motion to seal. While processes vary, it is not unusual for a court to require that specific documents be filed with the court clerk before a judge will consider the request to seal the records connected with a given case. Some jurisdictions require that a waiting period must take place between the date that the case is settled and the records are officially sealed. In other situations, the records are sealed as soon as the judge grants the request.

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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.

In proceedings under this act the following juvenile courtroom proceedings and records shall be open to the public: all proceedings against a juvenile offender of the age of fourteen (14) years or older and who is petitioned or charged with an offense which would be a felony if committed by an adult including the court ...

You must file a petition for expungement in the county court where you were convicted (or charged if there was no conviction). You can download a free petition form at idaholegalaid.org.

Idaho Statutes. 20-525. Records ? Privileged information. (1) The court shall maintain records of all cases brought before it.

Felonies. If the juvenile has committed an unlawful or criminal act, which would be a felony if committed by an adult, the court may commit the juvenile to detention for a period not to exceed one hundred eighty (180) days for each conviction.

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.

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.

All states have some sort of procedures that allow juveniles to petition to either seal or expunge their records in certain cases. However, these procedures can be confusing and cumbersome, and in many instances, the young person is never notified if, when or how the record can be expunged.

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Idaho Motion To Seal Juvenile Records