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Idaho State Police: Expungement Flow Chart Do You Qualify for an Expungement?
Idaho Expungements in a Nutshell
In adult cases, any person who was arrested but not charged within one year of the arrest and having been acquitted of all charges may petition a judge for their arrest record to be expunged. If a DNA profile was included into a database but the case was dismissed, then a person can also send a written request for expungement.
Although not an expungement, successful probationers should consider filing a petition for an order to set-aside the conviction under Idaho Code § 19-2601(4) and have the charge dismissed because the dismissal will restore the probationer’s civil rights, such as voting and gun ownership.
Under Idaho Code § 18-8310, a convicted sex offender who has ten years of law-abiding conduct after conviction can petition for expungement from the sex offender registry, but the conviction will still be a public record.
Other Free Legal Resources
Restoration of Civil Rights/Firearms Privileges in Idaho Margaret Colgate Love, NACDL Restoration of Rights Resource Project, July 2012
After Prison: Roadblocks to Reentry in Idaho Legal Action Center (2009)
Idaho State Resources and Assistance National HIRE Network