Expungement / Record Sealing Petition and Eligibility Memo — Idaho

IDAHO RECORD-RELIEF ELIGIBILITY MEMO AND CLEAN SLATE WORKSHEET

PART A — ELIGIBILITY MEMO

To: [CLIENT / FILE]

From: [ATTORNEY / REVIEWER]

Date: [__/__/____]

Re: Idaho criminal-record relief for [NAME]

1. Route selected

☐ ISP BCI nonconviction expungement under § 67-3004(10)

☐ Clean Slate shielding under § 67-3004(11)

☐ Section 19-2604 set-aside, dismissal, or felony reduction

☐ Juvenile expungement under § 20-525A

☐ Human-trafficking-victim relief under § 67-3014

☐ No current route / additional research required

2. Record summary

3. Section 67-3004(10) analysis

Qualifying basis:

☐ No indictment or information within one year after arrest or summons

☐ Acquitted of every offense arising from the incident

☐ Every charge dismissed

☐ Dismissal was not under § 19-2604(1)

Required ISP documents:

☐ Citation, complaint and summons with service proof, indictment, or information

☐ Certified acquittal or dismissal order identifying the charges

Assessment: [eligible / ineligible / incomplete documentation]

The remedy expunges fingerprints and criminal-history records connected to the incident. Section 67-3004(10) also permits court-file sealing, but the ISP application itself is submitted to the department; confirm the court's procedure separately.

4. Section 67-3004(11) Clean Slate analysis

Offense

☐ Non-assaultive, nonviolent misdemeanor not listed in subsection (11)(b)

☐ Felony controlled-substance possession under § 37-2732(a), (c), or (e)

☐ Not eligible because offense is outside subsection (11)(a) or is an excluded assaultive or violent misdemeanor

Timing and status

☐ Five years have passed after completion of all sentence components, including probation, parole, fines, and restitution.

☐ From sentence completion through the hearing, no later misdemeanor or felony conviction occurred.

☐ Petitioner is not on probation or parole for a later conviction.

☐ No misdemeanor or felony case is pending.

☐ No restraining order is in effect at filing.

☐ No prior Clean Slate petition has been granted.

Lifetime scope

Only one petition may be granted in a lifetime. It may cover one eligible crime or multiple eligible crimes committed in one incident or transaction.

Included crime(s): [________________________________]

Single incident / transaction facts: [________________________________]

Hearing findings

Facts showing accountability: [________________________________]

Public-safety analysis: [________________________________]

Victim-safety analysis: [________________________________]

Assessment: [eligible / premature / excluded / further proof needed]

5. Section 19-2604 analysis

Section 19-2604(1) permits discretionary judgment relief for the defendants listed in subsection (1)(a) when the applicable probation or treatment-court condition in subsection (1)(b) and good-cause standard are met.

Requested relief: [terminate probation / set aside plea or conviction / dismiss and discharge / amend judgment]

Eligibility category: [________________________________]

Probation or treatment-court history: [________________________________]

Good cause: [________________________________]

Important effect: § 19-2604 does not state that records are expunged or sealed. A subsection (1) dismissal is expressly excluded from § 67-3004(10).

6. Juvenile analysis — § 20-525A

☐ No excluded subsection (5) adjudication

☐ No later felony or violence-involving misdemeanor conviction

☐ No such proceeding pending or being instituted

☐ Accountability, life-skills, and public-safety findings can be shown

7. Trafficking-victim analysis — § 67-3014

☐ Petitioner was a human-trafficking victim.

☐ Arrest, prosecution, or conviction resulted from acts induced or required by the trafficker during the trafficking period.

☐ Petitioner did not unsuccessfully raise coercion as an affirmative defense at trial.

☐ Same criminal charges are not presently pending.

☐ Petition can be filed within a reasonable time; if an arrest produced no prosecution, at least two years have passed after arrest.

Relief requested: [vacatur / expungement / both]

8. Recommendation

Recommended route and form: [________________________________]

Filing destination: [ISP BCI / underlying criminal case / juvenile court / civil action]

Next required evidence: [________________________________]

PART B — OFFICIAL CLEAN SLATE FORM WORKSHEET

Use this worksheet to prepare the current Idaho Supreme Court petition under § 67-3004(11).

Caption data

Official-form assertions

☐ Offense is eligible under § 67-3004(11)(a)

☐ Five years since complete sentence, probation, parole, fines, and restitution

☐ No later felony or misdemeanor conviction during five years through hearing

☐ Not on probation or parole for later conviction

☐ No pending felony or misdemeanor case

☐ No restraining order in effect at filing

☐ No prior Clean Slate relief granted

☐ Acknowledges later conviction may cause revocation

☐ Acknowledges continuing law-enforcement, prosecutor, and court access

Filing

☐ Current official petition signed under penalty of perjury

☐ Filed in underlying criminal case in county where case was filed, on paper or through current online portal

☐ No filing fee, as stated in current official instructions

☐ Hearing notice received and hearing date calendared

PART C — EFFECT COMPARISON

CURRENT OFFICIAL SOURCES

• Idaho Code § 67-3004: https://legislature.idaho.gov/statutesrules/idstat/Title67/T67CH30/SECT67-3004/
• Idaho Supreme Court Clean Slate forms: https://isc.idaho.gov/Clean-Slate-Act
• ISP BCI Expungement Application: https://isp.idaho.gov/wp-content/uploads/BCI/CrimHistory/ExpungmentApplication.pdf
• Idaho Code § 19-2604: https://legislature.idaho.gov/statutesrules/idstat/Title19/T19CH26/SECT19-2604/
• Idaho Code § 20-525A: https://legislature.idaho.gov/statutesrules/idstat/Title20/T20CH5/SECT20-525A/
• Idaho Code § 67-3014: https://legislature.idaho.gov/statutesrules/idstat/Title67/T67CH30/SECT67-3014/

Recheck the live statute and current official forms before use.