If you are seeking an Idaho expungement please review the expungement overview below. Check back often or Sign Up for an email alert when the Idaho Expungement Kit is ready.
Requirement(s) to qualify for an expungement in the state:
A person whose case was dismissed and was discharged by the court after completing all terms of their probation.
- A juvenile taken into custody and photographed and fingerprinted.
- Any person who was arrested or served a criminal summons and who was not charged by indictment or information within one year of the arrest or summons and any person who was acquitted of all offenses.
- A person who is granted exemption from registration as a sexual offender.
- A person whose DNA profile has been included in the state database and databank whose conviction upon which the authority for including the DNA profile was based has been reversed and the case dismissed.
Additional restrictions on who can qualify for an expungement
Upon written request to the Idaho State police, fingerprints and criminal history record are expunged for arrests not leading to indictment within one year of arrest or arrests not leading to conviction.
Persons adjudicated as a juvenile may petition for expungement of record .five years from the termination of court's jurisdiction or, if committed to a juvenile corrections center, five years after release or at age eighteen (whichever is later).
Does the law provide for sealing? What are the requirements?
State criminal records of arrests not leading to conviction be sealed including expunged, erased, or purged.
Upon written request to the Idaho State police, fingerprints and criminal history record are expunged for arrests not leading to indictment within one year of arrest or arrests not leading to conviction
What does it mean if you have a record expunged or sealed
- The process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges is expungement
- The effect of an expungement is that one's criminal record of arrest and/or conviction is erased and legally deemed not to have occurred.
- DNA records, fingerprints, photos of juveniles, registration of sexual offenders in a central registry, and criminal history records may be expunged.
- No. The records cannot be accessed for general law enforcement or civil use. Upon order of the court to expunge DNA records, the Idaho state police shall destroy the DNA sample relating to the person convicted, unless the police determine that the person has otherwise become obligated to submit to DNA sample and thumbprint impression as a result of a separate conviction The bureau of forensic services is not required to destroy an item of physical evidence obtained from the DNA sample if evidence relating to another person would be destroyed.
Are you eligible for an Idaho Expungement? Most crimes can be expunged. For a description of the crimes that cannot be expunged, click here .
Be sure to check the site often
as we are in the process of adding the Expungement
Kit for the State of Idaho soon.