Expungement Petition - Preparation Worksheet - Idaho

IDAHO RECORD-RELIEF ROUTE AND PETITION PREPARATION GUIDE

DO NOT COMBINE THE ROUTES. A dismissal under Idaho Code § 19-2604 is not an expungement. Clean Slate relief shields records from public disclosure but does not destroy them. Idaho State Police expungement under § 67-3004(10) is limited to qualifying nonconviction incidents.

1. SELECT THE CORRECT ROUTE

☐ Nonconviction BCI expungement — § 67-3004(10). Submit the current Idaho State Police Bureau of Criminal Identification (BCI) Expungement Application. Use Parts 2 through 4.

☐ Clean Slate shielding — § 67-3004(11). File the current Idaho Supreme Court Petition to Shield Records from Public Disclosure in the underlying criminal case. Use Parts 5 through 8.

☐ Set-aside, dismissal, or felony reduction — § 19-2604. Use Part 9. This relief may change the judgment and restore civil rights but does not itself expunge or seal the record.

☐ Juvenile expungement — § 20-525A. Use Part 10.

☐ Human-trafficking-victim relief — § 67-3014. Use Part 11. This is a separate civil action that may vacate a conviction and expunge records.

Selected route: [________________________________________________]

2. NONCONVICTION ELIGIBILITY — § 67-3004(10)

The incident qualifies only if one of these routes applies:

☐ The person was arrested or served a criminal summons and no indictment or information was filed within one year after the arrest or summons.

☐ The person was acquitted of every offense arising from the arrest or criminal summons.

☐ Every charge was dismissed.

☐ The dismissal was not granted under § 19-2604(1). A withheld-judgment or other § 19-2604(1) dismissal is expressly excluded.

Current ISP instructions also state that an applicant convicted of a sex offense should not submit the BCI expungement form and should review the Idaho Central Registry Sex Offender information instead.

3. COMPLETE THE CURRENT ISP BCI APPLICATION

Applicant and case information

Required documents

Attach one charging document:

☐ Criminal citation

☐ Criminal complaint and proof the sheriff served the complaint or summons

☐ Indictment

☐ Information

Also attach one certified disposition:

☐ Court acquittal order stating the applicant was not guilty of the charged offenses

☐ Court dismissal order identifying the dismissed offenses

Incomplete applications are returned unprocessed.

4. SUBMIT AND FOLLOW UP

Mail or fax the signed current ISP BCI Expungement Application as directed on the form:

Idaho State Police

700 S. Stratford Dr., Suite 120

Meridian, ID 83642

Fax: 208-884-7193

☐ Self-addressed stamped envelope included if notification is requested.

ISP asks applicants to allow 30 days for processing.

Section 67-3004(10) authorizes expungement of the fingerprint and criminal-history record connected to the incident and permits sealing of the official court file. Confirm with the court that handled the case what separate filing or order it requires to seal its file; the ISP application is directed to the department, not filed as a generic court petition.

5. CLEAN SLATE OFFENSE SCREEN — § 67-3004(11)

A. Eligible offense class

☐ Misdemeanor that is not one of the assaultive or violent misdemeanors listed in § 67-3004(11)(b); or

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

B. Excluded misdemeanors

Clean Slate shielding does not apply to the listed assaultive or violent misdemeanors, including assault, battery, domestic battery or assault, second-degree stalking, protection-order violations, telephone harassment, vehicular manslaughter, excessive DUI, battery upon law enforcement, injury to children, sexual battery, and indecent exposure.

Exact offense and statute: [________________________________]

☐ Offense is not excluded.

6. CLEAN SLATE TIMING AND CURRENT-STATUS SCREEN

☐ At least five years have passed since completion of the entire sentence, including all ordered probation, parole, fines, and restitution.

Sentence-completion date: [__/__/____]

Eligibility date: [__/__/____]

During that five-year period and through the hearing:

☐ No later felony or misdemeanor 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 when the petition is filed.

☐ Petitioner has never previously been granted Clean Slate shielding. Only one petition may be granted in a lifetime for one eligible crime or multiple eligible crimes from one incident or transaction.

7. USE THE OFFICIAL CLEAN SLATE FORM

Use the current Idaho Supreme Court Petition to Shield Records from Public Disclosure, I.C. § 67-3004(11).

File it in the underlying criminal case at the county court where that case was filed, or through the current online filing portal. The official instructions state that there is no filing fee.

The court sets a hearing and notifies the prosecuting attorney. The prosecutor provides constitutionally required notice to a readily identifiable crime victim.

Hearing preparation

The petitioner should be ready to establish:

☐ Every eligibility condition is met.

☐ Petitioner has been held accountable.

☐ Shielding will not compromise public safety.

☐ Shielding will not compromise any victim's safety.

Supporting facts and documents: [________________________________]

8. CLEAN SLATE EFFECT AND LIMITS

If relief is granted:

• Court records are shielded from disclosure and unavailable for public viewing.
• Idaho State Police makes law-enforcement investigatory reports and fingerprints unavailable for public viewing after court notice.
• The subject, law enforcement, prosecutors, and court officers retain statutory access.
• Except for statutory exceptions, the proceedings are deemed never to have occurred and the petitioner may lawfully answer accordingly.
• Shielding does not change the operation of §§ 18-310 and 18-3316.
• A later felony conviction requires revocation at sentencing if the prosecutor requests it; a later misdemeanor conviction permits revocation at sentencing on prosecutor request.

9. SECTION 19-2604 RELIEF — NOT EXPUNGEMENT

Section 19-2604(1) permits specified defendants who pled guilty or were found guilty to apply for discretionary relief when the probation or treatment-court conditions in the statute are met. Depending on the route, the court may terminate probation, set aside the plea or conviction, dismiss and discharge the defendant, or amend an eligible judgment.

☐ Applicant falls within a category listed in § 19-2604(1)(a).

☐ Court did not find, and defendant did not admit, a probation violation; or the treatment-court alternative in § 19-2604(1)(b)(ii) applies.

☐ Good cause supports the requested discretionary relief.

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

Do not ask the court to expunge or seal records solely under § 19-2604. The current statute contains no expungement or sealing language, and a § 19-2604(1) dismissal is excluded from BCI expungement under § 67-3004(10).

10. JUVENILE EXPUNGEMENT — § 20-525A

Waiting period

☐ Felony adjudication or Department of Juvenile Corrections commitment: later of age 18, three years after termination of continuing jurisdiction, or three years after release from a juvenile correctional center.

☐ Misdemeanor or status offense only, without Department commitment: later of age 18 or one year after termination of continuing jurisdiction.

☐ Diversion or informal adjustment: later of age 18 or one year after termination of continuing jurisdiction.

The court sets a hearing and notifies the prosecuting attorney.

Eligibility and findings

☐ Petitioner was not adjudicated for an offense excluded by § 20-525A(5).

☐ Since termination of jurisdiction or release, petitioner has not been convicted of a felony or a misdemeanor involving attempted or committed violence.

☐ No such proceeding is pending or being instituted.

☐ Petitioner has been held accountable, is developing necessary life skills, and expungement will not compromise public safety.

If granted, the court seals court and agency records, removes public index references, maintains a nonpublic special index, and deems the proceedings never to have occurred.

11. TRAFFICKING-VICTIM PETITION — § 67-3014

This civil action is available only for arrests, prosecutions, or convictions resulting from acts induced by a human trafficker while the petitioner was a trafficking victim. Relief is unavailable if the petitioner raised coercion as an affirmative defense at trial and was convicted.

The verified petition must identify the petitioner, arrest, agency, prosecution, court, and case; state the trafficking facts and connection to the offense; and request vacatur and/or expungement. Serve the prosecuting office for a prosecution or the arresting agency when no prosecution occurred. A pretrial must be set no later than 60 days after service.

If the court finds the required facts by a preponderance of the evidence, it must vacate any conviction and expunge the connected records. Pleadings, records, and hearings are sealed or closed as the statute provides.

12. CURRENT OFFICIAL SOURCES

• Idaho Code § 67-3004: https://legislature.idaho.gov/statutesrules/idstat/Title67/T67CH30/SECT67-3004/
• Idaho Supreme Court Clean Slate page and 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 immediately before filing.