Expungement / Record Sealing Petition and Eligibility Memo — Idaho

Expungement / Record Sealing Petition and Eligibility Memo (IDAHO)

Quick-Reference Summary

Part A — Eligibility Memo

TO: [CLIENT NAME]
FROM: [ATTORNEY NAME], [FIRM]
RE: Eligibility for Record Relief Under Idaho Law
DATE: [__/__/____]

1. Statutory Framework

Idaho is one of a small group of states that does not provide a general expungement statute for adult criminal convictions. Available relief consists of:

1. Dismissal / set-aside under Idaho Code § 19-2604 — restores civil rights and (depending on circumstances) reduces a felony to a misdemeanor, but does not erase the record from court files or ISP files.
2. ISP expungement under § 67-3004(10) — removes fingerprints and criminal history records held by the Idaho State Police where the case did not result in a conviction.
3. Clean Slate Act shielding under § 67-3004(11) — effective 2024, shields qualifying non-violent records from public view while leaving them accessible to law enforcement and certain court officials.
4. Juvenile expungement under § 20-525A and DNA expungement under § 19-5513 — beyond scope of this memo.

2. Eligibility Analysis

A. Set-Aside / Dismissal Under § 19-2604

§ 19-2604(1) — Withheld judgment or suspended sentence (no incarceration with Board of Correction):

• ☐ Petitioner received a withheld judgment OR a suspended sentence?
• ☐ Probation has been satisfactorily completed (no finding of violation; no unresolved admission)?
• ☐ For drug court / mental health court graduates: successful completion / graduation?
• ☐ Misdemeanor cases: no jail term imposed?
• ☐ "Good cause" supports relief? (Court considers employment prospects, rehabilitation, time since offense.)

Important: A dismissal granted under § 19-2604(1) is excluded from § 67-3004(10) ISP expungement. To remove ISP records after § 19-2604(1) relief, petitioner would have to pursue Clean Slate Act shielding (if eligible) or a pardon.

§ 19-2604(3) — Reduction of certain felonies to misdemeanors:

• ☐ Petitioner served sentence (or was on probation post-incarceration) for a felony?
• ☐ 5+ years have elapsed since discharge of probation (or prosecutor stipulates to earlier reduction)?
• ☐ No subsequent felony conviction?
• ☐ No pending criminal charges?
• ☐ Offense is not within the list requiring prosecutor stipulation (serious violent offenses)?
• ☐ Petitioner is not required to register as a sex offender?
• ☐ "Good cause" supports reduction?

B. ISP Expungement Under § 67-3004(10)

• ☐ Petitioner was arrested or served a criminal summons but no indictment or information was filed within one (1) year? OR
• ☐ Petitioner was acquitted of all offenses arising from the arrest or summons? OR
• ☐ All charges dismissed (other than a § 19-2604(1) dismissal)?
• ☐ Conviction was not for a sex offense?
• ☐ Application includes (i) criminal citation, complaint and summons, indictment, or information; AND (ii) certified copy of the acquittal or dismissal order?

An incomplete application will be returned. Processing requires roughly 30 days.

C. Clean Slate Act Shielding Under § 67-3004(11)

• ☐ Offense is a non-violent, non-assaultive misdemeanor OR a felony controlled-substance possession?
• ☐ 5+ years have elapsed since completion of sentence, parole, and probation?
• ☐ 5+ years since payment of all fines or restitution?
• ☐ Petitioner has no prior Clean Slate petition granted?
• ☐ Petitioner has no pending misdemeanor or felony charges and no new convictions?
• ☐ No active restraining orders or protection orders?
• ☐ Offense is not on the exclusion list (assault, battery, domestic offenses, sexual battery, stalking 2d, protection-order violation, telephone harassment, vehicular manslaughter, excessive DUI, injury to children, indecent exposure)?

Clean Slate is one-time in a lifetime, though multiple offenses arising from the same incident may be grouped (Idaho Code § 67-3004(11)(k)). A mandatory hearing is required.

3. Effect of Relief

4. Recommendation

The undersigned recommends pursuit of [§ 19-2604 relief / § 67-3004(10) expungement / § 67-3004(11) Clean Slate shielding / combination]. The proposed filing court is the [____] Judicial District Court for [____] County, Idaho [and the Idaho State Police, Bureau of Criminal Identification, for ISP expungement].

Part B — Petition Template (§ 19-2604 / Clean Slate)

IN THE DISTRICT COURT OF THE [____] JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF [____]

Case No.: [____________________]

[PETITION FOR RELIEF PURSUANT TO IDAHO CODE § 19-2604] / [PETITION FOR SHIELDING UNDER IDAHO CODE § 67-3004(11) — IDAHO "CLEAN SLATE" ACT]

COMES NOW the Petitioner, [PETITIONER NAME], by and through counsel, and respectfully petitions this Court for an order [setting aside the plea and dismissing the above-captioned action / amending the felony conviction to a misdemeanor / shielding the criminal record from public access], and states:

I. PETITIONER

1. Full legal name: [____________________].
2. Date of birth: [__/__/____].
3. Current address: [____________________].
4. Idaho driver's license / state ID number: [____________________].

II. CASE BACKGROUND

5. Case number: [____________________].
6. Charge(s) and Idaho Code section(s): [____________________].
7. Date of plea / verdict: [__/__/____].
8. Sentencing date: [__/__/____].
9. Sentence imposed (including any withheld judgment, suspended sentence, probation, treatment court): [____________________].
10. Date of discharge from probation / completion of sentence: [__/__/____].
11. Status of fines, court costs, and restitution: ☐ Paid in full [date: __/__/____]; date of final payment: [____________________].

III. STATUTORY BASIS — § 19-2604

[Choose subsection]:

12. § 19-2604(1) (withheld judgment / suspended sentence): Petitioner is eligible because (a) Petitioner received a [withheld judgment / suspended sentence]; (b) Petitioner satisfactorily completed probation on [__/__/____]; (c) the Court did not find a probation violation and Petitioner did not admit to one; (d) "good cause" exists for relief because [____________________].

13. § 19-2604(3) (felony reduction): Petitioner is eligible because (a) Petitioner was convicted of a felony on [__/__/____]; (b) more than five (5) years have elapsed since discharge from probation, or the prosecuting attorney has stipulated to earlier reduction (Exhibit [__]); (c) Petitioner has not been convicted of any subsequent felony; (d) no criminal charges are currently pending; (e) Petitioner is not required to register as a sex offender; (f) "good cause" exists for the reduction because [____________________].

IV. STATUTORY BASIS — § 67-3004(11) (Clean Slate Act)

14. Petitioner is eligible for shielding because:
    a. The offense is a non-violent, non-assaultive misdemeanor / felony possession of a controlled substance (Idaho Code § 67-3004(11)(a));
    b. The offense is not among the categories excluded by § 67-3004(11)(b) (assault, battery, domestic offenses, sexual battery, battery on law enforcement, stalking 2d, protection-order violation, telephone harassment, vehicular manslaughter, excessive DUI, injury to children, indecent exposure);
    c. At least five (5) years have elapsed since Petitioner completed all sentence, parole, and probation, and paid all related fines or restitution;
    d. Petitioner has not previously been granted a Clean Slate petition;
    e. Petitioner has no pending misdemeanor or felony charges and no convictions since completion of sentence;
    f. Petitioner has no active restraining or protection orders.

V. SUPPORTING FACTS — GOOD CAUSE / INTEREST OF JUSTICE

15. Since completion of sentence, Petitioner has [employment, education, family responsibilities, treatment, community service, time without further offenses]: [____________________].

16. The continuing visibility of the record causes Petitioner [employment denial, housing denial, professional licensing impediment, immigration consequence, social stigma]: [____________________].

VI. ATTACHED EXHIBITS

• Exhibit A — Judgment of conviction / withheld judgment order.
• Exhibit B — Order discharging probation / completion certificate.
• Exhibit C — Documentation of payment of fines, fees, and restitution.
• Exhibit D — Idaho State Police criminal history printout.
• Exhibit E — Affidavit of Petitioner.
• Exhibit F — Supporting letters (employer, treatment, community).
• Exhibit G — Prosecutor stipulation (if applicable under § 19-2604(3) or (4)).

WHEREFORE, Petitioner respectfully requests that this Court:

A. Set this matter for hearing as required by § 67-3004(11) (Clean Slate) or § 19-2604;
B. After hearing, enter an Order [setting aside the plea and dismissing the action under § 19-2604(1)] / [reducing the felony conviction to a misdemeanor under § 19-2604(3)] / [shielding the criminal record from public access under § 67-3004(11)];
C. Direct the Idaho State Police, the arresting agency, the court clerk, and all custodians of records to comply with the Order; and
D. Grant such other relief as the Court deems just.

Respectfully submitted,

[___________________________________]
[ATTORNEY NAME], ISB No. [______]
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Petitioner

VERIFICATION

I, [PETITIONER NAME], declare under penalty of perjury under the laws of the State of Idaho that the foregoing is true and correct.

DATED: [__/__/____] at [____________], Idaho.

[___________________________________]
[PETITIONER NAME]

CERTIFICATE OF SERVICE

I certify that on [__/__/____] I served the foregoing on:

• [____] County Prosecuting Attorney
• Idaho State Police, Bureau of Criminal Identification
• Arresting agency: [____________________]

[___________________________________]
[ATTORNEY NAME]

Part C — Filing Checklist

Pre-Filing

• ☐ Determine remedy: § 19-2604 set-aside, § 19-2604 felony reduction, § 67-3004(10) ISP expungement, § 67-3004(11) Clean Slate shielding, or combination.
• ☐ Obtain Idaho State Police criminal history printout.
• ☐ Obtain certified court documents (judgment, withheld-judgment order, probation discharge, dismissal/acquittal).
• ☐ Confirm payment of fines, court costs, and restitution; obtain proof.
• ☐ For § 19-2604(3) reduction: confirm 5+ years since probation discharge and absence of subsequent felony; for serious offenses, obtain prosecutor stipulation.
• ☐ For § 67-3004(11) shielding: confirm no prior Clean Slate petition granted; confirm offense not on exclusion list.
• ☐ For § 67-3004(10) ISP expungement: confirm case did not result in conviction and dismissal was not under § 19-2604(1).

Drafting — Court Motion

• ☐ Caption: original criminal case; same case number.
• ☐ Cite specific § 19-2604 subsection or § 67-3004(11) Clean Slate Act provision.
• ☐ Address each statutory eligibility element with supporting facts.
• ☐ Attach exhibits and proposed Order.

Drafting — ISP Application (Non-Conviction)

• ☐ Complete Idaho State Police BCI "Expungement Application."
• ☐ Attach criminal citation / complaint / indictment / information AND certified acquittal or dismissal order.
• ☐ Mail to: Idaho State Police, 700 S. Stratford Dr., Ste. 120, Meridian, ID 83642 (or fax 208-884-7193).

Filing and Service

• ☐ File court motion in court of conviction.
• ☐ Pay applicable filing fee (consult clerk; Clean Slate petitions have a mandatory hearing).
• ☐ Serve county prosecutor.
• ☐ Provide notice to victims if required.

Hearing

• ☐ Prepare petitioner testimony on rehabilitation, employment impact, and good cause.
• ☐ Attend hearing (mandatory under § 67-3004(11)).
• ☐ Submit proposed Order.

Post-Order

• ☐ Serve Order on Idaho State Police, arresting agency, and court clerk.
• ☐ Confirm CCH reflects relief (shielded / amended / set aside).
• ☐ Advise client: § 19-2604 relief does not remove record from ISP files; Clean Slate shielding is revocable on new conviction (§ 67-3004(11)(g)) and one-time-only (§ 67-3004(11)(k)).

Sources and References

• Idaho Code § 19-2604 — https://legislature.idaho.gov/statutesrules/idstat/Title19/T19CH26/SECT19-2604/
• Idaho Code § 67-3004 — https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch30/sect67-3004/
• Idaho Code § 18-310 (Civil rights restoration) — https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch3/sect18-310/
• Idaho Code § 18-3316 (Felon firearms) — https://legislature.idaho.gov/statutesrules/idstat/Title18/T18CH33/SECT18-3316/
• Idaho State Police BCI — Expungement Application — https://isp.idaho.gov/wp-content/uploads/BCI/CrimHistory/ExpungmentApplication.pdf
• Collateral Consequences Resource Center — Idaho Profile — https://ccresourcecenter.org/state-restoration-profiles/idaho-restoration-of-rights-pardon-expungement-sealing/
• National Reentry Resource Center — Idaho Clean Slate — https://nationalreentryresourcecenter.org/cleanslate/states/idaho