Idaho Code § 20-525A deals with expungement of record. The same section also deals with the hearing and what the order does. Read it for what a granted order changes. The subsections are what a petition has to satisfy.
The petition and the sections next to it
Idaho uses Idaho Code § 18-8310A for district court to release from registration requirements. Read those subsections before you draft. The title is only the outline.
Idaho Code § 18-8310 deals with release from registration requirements. The subsections are what a petition has to satisfy.
When a different section applies
On expungement for victims of human trafficking, the Idaho text is Idaho Code § 67-3014. The statute says: “The provisions of this section shall only apply to individuals who are victims of human trafficking pursuant to chapter 86, title 18, Idaho Code, and shall only apply to arrests, criminal prosecutions and convictions that are the result of acts induced by human traffickers.”
What the courts have done
State of Idaho v. Ray Schumacher, 131 Idaho 484 (1998) is worth reading in full. The opinion puts it this way: “The district court further found that if the court, within its discretion, determines that the probationer has satisfactorily complied with the terms of probation, then it is within the court’s discretion to withdraw the guilty plea, set aside the conviction and dismiss the…”
State of Idaho v. Benjamin M. Dorn, 140 Idaho 404 (2004) is worth reading in full. The opinion puts it this way: “The comment that the then-existing law allowed that a conviction be 'expunged' expresses the legislative understanding that relief under subsection (1) constituted an expungement.”
State of Idaho v. Guy Michael Cook, 143 Idaho 323 (2006) is worth reading in full. The opinion puts it this way: “Cook also notes that I.C. § 18-3316(4) establishes the statute is inapplicable to convictions that have “been nullified by expungement, pardon, or setting aside the conviction.”
Before you file
- Open Idaho Code § 20-525A and read the part on expungement of record. Everything else in the filing has to fit that section.
- Ask the clerk which local form that Idaho county uses, then check the form against Idaho Code § 20-525A.
- Then read State of Idaho v. Ray Schumacher, 131 Idaho 484 (1998). That is a Idaho court already applying this kind of request.
Frequently asked questions
How do you expunge a criminal record in Idaho?
Idaho Code § 20-525A deals with expungement of record. The same section also deals with the hearing and what the order does. Read it for what a granted order changes. The subsections are what a petition has to satisfy.
How have Idaho courts ruled on expungement?
State of Idaho v. Ray Schumacher, 131 Idaho 484 (1998) “The district court further found that if the court, within its discretion, determines that the probationer has satisfactorily complied with the terms of probation, then it is within the court’s discretion to withdraw the guilty plea, set aside the conviction and dismiss the…”
Idaho clerks still control the form and the fee. Idaho Code § 20-525A is the statewide rule on who may ask and what the order does.