Handbook on expungement law and procedures providing valuable information for Attorneys and their Clients.
Idaho Expungement Handbook - Procedures and Law
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You are eligible for expungement of juvenile offenses, but not serious violent offenses, after a waiting period of one to five years. You are eligible to be removed from the Idaho sex-offender registry after 10 years of good conduct, with exceptions for aggravated, repeat, and violent offenses.
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.
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.
You can apply to the Idaho State Police for expungement of a nonconviction either immediately or after one year. For any other expungement or type of relief, you must ask a court. How long you must wait depends on your circumstances.
In the case of a misdemeanor, complete and submit CR-180 California Penal Code section 1203.4a states the requirements of expunging a California misdemeanor, including completing and submitting form CR-180, the Petition for Dismissal. Note that you must submit the petition for expungement in the county of conviction.
A person convicted of a misdemeanor in Idaho typically faces some combination of a fine, court costs, jail days with options, court-ordered classes, and/or probation. For some people, however, the greater punishment is having a misdemeanor on their criminal record forever.
Idaho Code §19-2604 Dismissal 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 dismissed. This means that instead of "Guilty" the record will read "Dismissed By Court."
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.