Idaho does not offer true expungement for adult criminal convictions. Adults instead petition the court under Idaho Code 19-2604 to set aside a guilty plea or conviction and dismiss the case, which changes the record’s status but does not destroy it. Full expungement in Idaho exists in two narrower situations: most juvenile adjudications can be erased, and arrest records tied to non-convictions (no charges filed, dismissed charges, or acquittals) can be sealed and destroyed through Idaho State Police.
Three separate mechanisms, three different results. Sorting out which one applies to your situation is the first real step.
- Adult conviction dismissal under Idaho Code 19-2604 sets aside the plea or conviction and dismisses the case. The record still exists but shows a dismissal, and your civil rights are restored.
- Juvenile record expungement under Idaho Code 20-525A destroys the records and removes them from public indexes. The proceeding is legally treated as if it never happened.
- Non-conviction arrest record sealing under Idaho Code 67-3004 expunges fingerprint and criminal history records held by Idaho State Police and seals the court file.
Dismissing an Adult Conviction Under Idaho Code 19-2604
Idaho Code 19-2604 is the main tool adults use, and it covers three different situations depending on how the original sentence was structured.1Idaho State Legislature. Idaho Code 19-2604 – Discharge of Defendant — Amendment of Judgment
Withheld Judgments and Suspended Sentences
Subsection (1) applies if the court originally withheld judgment and placed you on probation, suspended your sentence, commuted a felony sentence, or never imposed a custodial sentence. Drug court and mental health court graduates also qualify. You must have completed probation without any finding or admission that you violated its terms. If the court finds good cause and no reason to continue probation, it can set aside your guilty plea or conviction, dismiss the case, and discharge you. The statute expressly restores your civil rights on dismissal.1Idaho State Legislature. Idaho Code 19-2604 – Discharge of Defendant — Amendment of Judgment
Sentences Suspended Within the First Year
Subsection (2) is narrower. It applies to defendants who received a sentence to state board of correction custody but had that sentence suspended within the first 365 days and were placed on probation. The same no-violation rule applies. The court can either set aside the conviction and dismiss the case, or reduce the judgment to a misdemeanor by amending it to reflect only the days served before sentencing.1Idaho State Legislature. Idaho Code 19-2604 – Discharge of Defendant — Amendment of Judgment
Reducing a Felony to a Misdemeanor
Subsection (3) offers a separate option: reducing a felony to a misdemeanor rather than dismissing it. The conditions are stricter. You cannot have any subsequent felony conviction, you cannot be currently charged with any crime, and the court must find good cause. For most felonies, you must wait at least five years after completing probation. For a specific list of serious offenses (including murder, voluntary manslaughter, kidnapping, robbery, and drug trafficking), the prosecutor must agree to the reduction in writing.1Idaho State Legislature. Idaho Code 19-2604 – Discharge of Defendant — Amendment of Judgment
What Cannot Be Cleared
Sex offenses that require registration under Idaho Code 18-8304 are completely excluded from any relief under Idaho Code 19-2604. No dismissal, no set-aside, no reduction is available for a registerable sex offense.1Idaho State Legislature. Idaho Code 19-2604 – Discharge of Defendant — Amendment of Judgment
For the felony-to-misdemeanor reduction path, an additional group of crimes requires the prosecutor’s written agreement: assault or battery with intent to commit a serious felony, murder, voluntary manslaughter, kidnapping, robbery, drug trafficking, unlawful discharge of a firearm at an occupied structure, and use of a destructive device. Without prosecutor consent, the court cannot reduce these felonies.1Idaho State Legislature. Idaho Code 19-2604 – Discharge of Defendant — Amendment of Judgment
The dismissal provisions in subsections (1) and (2) don’t carry the same offense-specific list beyond sex offenses. Whether a judge would actually grant a dismissal for a violent felony is a separate question, and prosecutors will almost certainly object.
Juvenile Record Expungement
Juvenile records are the one place Idaho allows true expungement. Under Idaho Code 20-525A, a person adjudicated as a juvenile can petition for full expungement, which results in destruction of records and removal from all public indexes. Once granted, the proceeding is treated as though it never occurred, and the person can truthfully say so.2Idaho State Legislature. Idaho Code 20-525A – Expungement of Record — Hearing — Findings Necessary — Special Index — Effect of Order
The waiting period depends on the severity of the adjudication:
- Felony offenses or commitment to juvenile corrections: three years from the date court jurisdiction ended, or three years from release from a juvenile correctional center, or age 18, whichever comes last.
- Misdemeanor or status offenses without commitment to juvenile corrections: one year from the date court jurisdiction ended, or age 18, whichever is later.
- Diversion or informal adjustment: one year from the date court jurisdiction ended, or age 18, whichever is later.
A long list of serious offenses cannot be expunged from a juvenile record, including murder of any degree, voluntary manslaughter, rape (excluding statutory rape), kidnapping, aggravated battery, armed robbery, arson, assault with intent to murder, sexual exploitation of a child, and drug trafficking near schools.3Idaho State Legislature. Idaho Code 20-525A – Expungement of Record — Hearing — Findings Necessary — Special Index — Effect of Order
Sealing Arrest Records When There Was No Conviction
If you were arrested but never charged, had all charges dismissed, or were acquitted at trial, Idaho Code 67-3004(10) provides a separate and simpler path. It results in actual expungement of your fingerprint and criminal history records held by Idaho State Police and sealing of the court file.4Idaho State Legislature. Idaho Code 67-3004 – Fingerprinting and Identification — Shielding of Records From Disclosure
This is not a court petition. You submit a written request directly to the Idaho State Police Bureau of Criminal Identification with a copy of the criminal citation, complaint and summons, indictment, or information, plus a certified copy of the court’s acquittal order or dismissal order showing all charges were dismissed.5Idaho State Police. Expungement Application
Timing: if charges were never filed, you can submit the request one year after the arrest. If charges were dismissed or you were acquitted, you can submit immediately. No hearing is required. Processing takes about 30 days.5Idaho State Police. Expungement Application
An important limit: this ISP process does not apply to dismissals granted under Idaho Code 19-2604(1). If you pled guilty, received a withheld judgment, completed probation, and then had the case dismissed through the court, you cannot use the ISP expungement process to erase your arrest record. The ISP application form states this directly.5Idaho State Police. Expungement Application
Filing the Petition to Dismiss an Adult Conviction
The petition must be filed in the court and county where the original conviction occurred. Pull together the exact case number, the judicial district, and the dates of sentencing and discharge from probation. The county clerk’s office or Idaho’s Odyssey online portal can help you locate this information.
Idaho’s court self-help website has standardized forms for many filings, but the forms available there are primarily for civil voluntary dismissals rather than a criminal petition under 19-2604. If you can’t find the right form, contact the clerk in the county of conviction or work with an attorney.
A filing fee applies, though the amount depends on how the court classifies the motion. Idaho’s general court fee schedule sets civil filing fees at $175 for district court and $120 for magistrate division cases.6Idaho State Legislature. Idaho Code 31-3201A – Court Fees A fee waiver is available if you can’t afford it.
You must serve a copy of the petition on the prosecuting attorney and file a written certificate of service with the court. Without proof of service, the judge cannot rule.
Once the paperwork is complete, the judge reviews whether the statutory requirements are met. Courts often set a hearing where you can speak and the prosecutor can object. Victims of the original crime have a right to notice and, on request, to be heard.7Office of the Attorney General Idaho. Idaho Manual on the Rights of Victims of Crime If the judge grants the petition, they sign an order dismissing the case, and the clerk updates the court record. Keep certified copies of the order.
Making the Dismissal Show Up Everywhere
The court order is not the end of the job. You still have to push the change out to the records that employers and landlords actually check.
For state records, submit the certified dismissal order to the Idaho State Police Bureau of Criminal Identification along with a completed application and documentation of the original charge (such as the criminal citation or complaint). Incomplete applications are returned without processing. Allow about 30 days for the Bureau to update its records.8Idaho State Police. IDAPA 11.10.02 – Rules Governing State Criminal History Records and Crime Information
Private background check companies are the piece most people miss. Courts don’t notify commercial data brokers when a case is dismissed. If a background check company already pulled your conviction record, their database may keep showing it long after the court and state police have updated theirs. You need to identify those companies and send them a copy of the court order. Consumer reporting agencies are required by federal law to keep accurate records, so a certified dismissal order should be enough to force a correction.
Civil Rights, Firearms, and Licensing After a Dismissal
A dismissal under Idaho Code 19-2604 explicitly restores your civil rights, including voting eligibility (which Idaho restores automatically at the end of a sentence, including probation and parole) and jury service.1Idaho State Legislature. Idaho Code 19-2604 – Discharge of Defendant — Amendment of Judgment
Firearms are more complicated because state and federal law can reach different conclusions about the same conviction. Federal law generally treats a conviction that has been “expunged, or set aside” or one for which civil rights have been restored as not disqualifying, unless the restoration “expressly provides that the person may not ship, transport, possess, or receive firearms.”9Office of the Law Revision Counsel. 18 USC 921 – Definitions Idaho’s 19-2604 dismissal restores civil rights without an express firearms restriction, so it should satisfy the federal standard in most cases. This area of law has produced conflicting court decisions, though. Anyone with a felony conviction who wants to possess firearms after a dismissal should talk to an attorney first.
Professional licensing is where a dismissed conviction can still cause trouble. The Idaho Division of Occupational and Professional Licenses requires applicants to disclose criminal convictions, including cases that ended in a withheld judgment. A 19-2604 dismissal changes the court record, but licensing boards may still consider the underlying facts. Idaho Code 67-9410 lets anyone with a conviction request an advance opinion from a licensing board about whether the conviction would disqualify them. The board must respond within 60 days or at its next regular meeting, and the $25 inquiry fee is worth it before you invest time and money in a licensing path.10Idaho State Legislature. Idaho Code 67-9410 – Inquiry Regarding the Potential Impact of a Criminal Conviction