Idaho (ID) — Expungement & Record Clearing
Idaho has historically offered very limited expungement — only arrest records, acquittals, and juvenile records could be erased. Since January 1, 2024, the Clean Slate Act allows eligible Idahoans to petition to shield certain non-violent misdemeanor convictions and felony drug possession records from public view after 5 years. There is no filing fee, but you are limited to one shielding order per lifetime. For withheld judgments, IC 19-2604 allows case dismissal and restoration of civil rights upon completion of probation — though the record itself is not destroyed. Below is the full guide covering eligibility, the petition process, costs, timeline, and frequently asked questions.
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Overview
Idaho historically offered very limited expungement — only arrest records, acquittals, and juvenile records could be expunged under Idaho Code 67-3004(10). Convictions could not be erased. In 2023, Idaho enacted the Clean Slate Act (HB 149), effective January 1, 2024, which allows eligible individuals to petition a court to shield certain non-violent, non-assaultive misdemeanor records and felony drug possession records from public disclosure after a five-year waiting period. Separately, Idaho Code 19-2604 allows defendants with withheld judgments or completed probation to petition for case dismissal — but the underlying record is not destroyed.
Official term: Expungement / Shielding from Public Disclosure — Idaho uses "expungement" for arrest and acquittal records (IC 67-3004) and "shielding" for the Clean Slate Act (Title 19, Ch. 56). Case dismissal under IC 19-2604 restores civil rights but does not erase the record. True expungement (permanent destruction) is very limited in Idaho.
Who qualifies
- ✓Arrested or served a criminal summons but not charged within one year (IC 67-3004(10))
- ✓Acquitted of all charges or had all charges dismissed (IC 67-3004(10))
- ✓Juvenile taken into custody and fingerprinted (IC 67-3004(10))
- ✓Non-violent, non-assaultive misdemeanor conviction — shielding under Clean Slate Act after 5 years
- ✓Felony possession of a controlled substance — shielding under Clean Slate Act after 5 years
- ✓Victims of human trafficking convicted of prostitution or related offenses (IC 67-3014)
- ✓Withheld judgment successfully completed — case dismissal under IC 19-2604
- ✓Completed probation on a suspended sentence — may petition for case dismissal under IC 19-2604
Who does not qualify
- ✗Most felony convictions (except felony drug possession under Clean Slate Act)
- ✗Violent or assaultive misdemeanors (assault, battery, domestic battery, stalking, etc.)
- ✗Sex offenses requiring registration (IC 18-8304)
- ✗Vehicular manslaughter
- ✗DUI / driving under the influence convictions
- ✗Any offense where a victim was a minor
- ✗Persons with pending criminal charges
- ✗More than one offense or set of offenses from a single incident (Clean Slate Act limits shielding to one)
- ✗Persons who already received a Clean Slate Act shielding order (lifetime limit of one)
Waiting Periods
| Arrest with no charges filed within 1 year | 1 year after arrest |
| Acquittal or dismissal of all charges | Immediately |
| Juvenile expungement | 1 year after termination of court jurisdiction or age 18, whichever is later |
| Clean Slate Act shielding (misdemeanor or felony drug possession) | 5 years after completion of entire sentence, including probation, parole, fines, and restitution |
| Withheld judgment dismissal (IC 19-2604) | Upon successful completion of probation |
| Human trafficking victim expungement (IC 67-3014) | No specific waiting period — petition anytime |
Step-by-Step Process
Determine which type of relief applies
Idaho has multiple pathways: expungement of arrest/acquittal records (IC 67-3004), shielding under the Clean Slate Act, case dismissal under IC 19-2604 (withheld judgment), or human trafficking victim expungement (IC 67-3014). Identify which applies to your situation.
Obtain your criminal history records
Request your criminal history from the Idaho State Police Bureau of Criminal Identification (BCI). You will also need the case number, exact charges, statutes, and if applicable, the date probation or parole ended.
Gather supporting documents
For expungement of arrest records, obtain certified documents from the arresting agency and court showing acquittal, dismissal, or that no charges were filed within one year. For Clean Slate shielding, confirm sentence completion date and absence of new offenses.
Complete and file the appropriate petition or application
For arrest/acquittal expungement, submit the ISP Expungement Application with supporting documents to Idaho State Police. For Clean Slate shielding, complete the Petition to Shield Records from Public Disclosure and file it at the county court where the case originated. Online filing via iCourt is available.
Attend the court hearing (if applicable)
For Clean Slate Act petitions and IC 19-2604 dismissals, the court schedules a hearing to review your petition. The prosecutor may object. Present evidence of rehabilitation, sentence completion, and compliance with all requirements.
Receive the order
If granted, the court issues an order of expungement or shielding. For expungement, the ISP destroys or permanently deletes the record. For shielding, the record is hidden from public view but remains accessible to law enforcement and prosecutors.
Visual Guide
Automatic Relief (Not Currently Available in Idaho)
Idaho does not currently have automatic expungement or automatic record sealing. All forms of record relief require the individual to file a petition or application. The Clean Slate Act requires a petition-based process, not automatic shielding.
| Scenario | Sealed When |
|---|---|
| Arrest records (no charges filed within 1 year) | Must file application with Idaho State Police after 1 year |
| Acquittal or dismissal | Must file application with Idaho State Police — available immediately |
| Clean Slate Act shielding | Must petition the court after 5-year waiting period |
Costs
- Filing fee
- No filing fee for Clean Slate Act petitions or ISP expungement applications
- Fee waiver
- Not applicable — no filing fee is charged
- Attorney (optional)
- $500–$2,000 typical range (optional but recommended for contested petitions)
While there is no court filing fee, you may incur costs for obtaining certified court documents, criminal history records from ISP, and attorney fees if you choose legal representation.
Timeline
- With attorney
- 2–4 months
- Standard
- 3–6 months
Timeline varies by county and case complexity. ISP expungement of arrest records may be faster (weeks). Clean Slate Act petitions require a court hearing, which depends on court scheduling.
What expungement does
- ✓Expungement (IC 67-3004): permanently destroys the fingerprint and criminal history record from ISP databases
- ✓Clean Slate Act shielding: hides the record from public background checks, employers, and landlords
- ✓Case dismissal (IC 19-2604): restores civil rights including the right to vote and hold public office
- ✓Allows you to legally deny the existence of an expunged record in most situations
- ✓Shielded records do not appear on standard background checks conducted by employers or landlords
- ✓May improve access to housing, employment, and educational opportunities
What expungement does NOT do
- ✗Shielding does NOT destroy the record — law enforcement and prosecutors retain access
- ✗Case dismissal under IC 19-2604 does NOT erase the conviction record
- ✗Does NOT automatically restore firearm rights (separate process required)
- ✗Does NOT remove sex offender registration requirements
- ✗Shielded records may still be visible to certain licensing agencies
- ✗Clean Slate Act is limited to one petition per lifetime — cannot shield multiple unrelated offenses
- ✗Does NOT prevent the record from being used as a prior offense for sentencing enhancement
Other Relief Options in Idaho
Withheld Judgment Dismissal (IC 19-2604)
If the court initially withheld judgment and you completed probation, the court can set aside your guilty plea, dismiss the case, and restore your civil rights. The record still exists but shows the dismissal.
Pardon (Idaho Commission of Pardons and Parole)
Idaho's Commission of Pardons and Parole can grant a pardon, which forgives the offense but does not erase the record. Typically requires a significant period of good conduct after sentence completion.
Certificate of Rehabilitation
Idaho does not have a formal certificate of rehabilitation program, but evidence of rehabilitation is considered in Clean Slate Act petitions and pardon applications.
Human Trafficking Victim Expungement (IC 67-3014)
Victims of human trafficking who were convicted of prostitution or related offenses committed as a result of trafficking can petition to vacate the conviction and fully expunge the record.
Frequently Asked Questions
- Can I expunge a conviction in Idaho?
- Idaho does not allow true expungement (destruction) of most conviction records. However, since January 1, 2024, the Clean Slate Act allows you to petition to shield certain non-violent misdemeanor convictions and felony drug possession convictions from public disclosure after a 5-year waiting period. Separately, if you received a withheld judgment and completed probation, you can petition for case dismissal under IC 19-2604, which restores civil rights but does not erase the record.
- What is the Idaho Clean Slate Act?
- The Clean Slate Act (HB 149), effective January 1, 2024, allows eligible individuals to petition a court to shield qualifying criminal records from public disclosure. Eligible offenses include non-violent, non-assaultive misdemeanors and felony possession of a controlled substance. You must have completed your entire sentence — including probation, parole, fines, and restitution — at least 5 years ago, with no new convictions during that period. You can only receive one shielding order in your lifetime, and only for one offense or one set of offenses from a single incident.
- How much does expungement or record shielding cost in Idaho?
- There is no court filing fee for Clean Slate Act petitions or for ISP expungement applications. However, you may need to pay for certified court documents and your criminal history record from ISP. If you hire an attorney, fees typically range from $500 to $2,000 depending on case complexity.
- How long does expungement take in Idaho?
- ISP expungement of arrest or acquittal records may take a few weeks once the application and supporting documents are submitted. Clean Slate Act petitions and IC 19-2604 dismissals require a court hearing, which typically takes 2 to 6 months depending on the county and whether the petition is contested.
- Can I expunge an arrest that did not lead to charges?
- Yes. Under Idaho Code 67-3004(10), if you were arrested or served a criminal summons and no charges were filed within one year, you can apply to the Idaho State Police to have the fingerprint and criminal history record from that arrest permanently expunged. You must wait until the one-year period has passed and provide certified documents from the arresting agency or court.
- What is the difference between expungement and shielding in Idaho?
- Expungement under IC 67-3004 permanently destroys the record — it is irretrievable. Shielding under the Clean Slate Act hides the record from public view (employers, landlords, etc.) but does not destroy it — law enforcement and prosecutors can still access it. Case dismissal under IC 19-2604 restores civil rights but neither destroys nor hides the record.
- Does shielding a record restore my gun rights in Idaho?
- No. Shielding a record under the Clean Slate Act does not automatically restore firearm rights. Gun rights restoration is a separate legal process in Idaho. If your conviction resulted in a loss of firearm rights, you would need to pursue a separate petition or pardon to have those rights restored.
- Can I shield a DUI conviction under the Idaho Clean Slate Act?
- No. DUI convictions are not eligible for shielding under the Clean Slate Act. The Act is limited to non-violent, non-assaultive misdemeanors and felony drug possession. Driving under the influence is excluded from eligibility.
Video Guides
Take Action — Direct Links
- Download Petition to Shield Records from Public Disclosure (Clean Slate Act)
Official Idaho Supreme Court petition form to request shielding of eligible criminal records from public disclosure under Idaho Code § 67-3004(11).
- Request Your Own Criminal History Record (Idaho State Police BCI)
Request a copy of your Idaho criminal history from the Idaho State Police Bureau of Criminal Identification ($20 fee). Required for identifying case details for your petition.
- Find Free Legal Help — Idaho Legal Aid Services
Idaho Legal Aid Services provides free legal assistance for expungement and record-related matters to qualifying low-income Idahoans.
- Idaho Supreme Court — Clean Slate Act Self-Help Page
Step-by-step instructions from the Idaho Supreme Court covering Clean Slate Act eligibility, the petition form, filing process, and what to expect at the hearing.
- Idaho Code § 67-3004 — Full Statute Text
Official full text of Idaho Code § 67-3004 (criminal history records, expungement, and shielding from public disclosure) on the Idaho State Legislature website.
Sources
- Idaho Code § 67-3004 — Criminal History Records
- Idaho Code § 67-3014 — Expungement for Human Trafficking Victims
- Idaho Code § 19-2604 — Discharge of Defendant / Amendment of Judgment
- Idaho Supreme Court — Clean Slate Act
- Idaho Supreme Court — Clean Slate Petition Instructions (PDF)
- Idaho State Police — Criminal History / Expungement
- Cornell CJEI — Idaho Expungement
- National Reentry Resource Center — Idaho Clean Slate