Idaho: Adult Conviction Expungement and Record-Sealing Eligibility

Requirements one by one

Relief name and legal effect

Idaho calls the general conviction remedy shielding from disclosure. Under
Idaho Code § 67-3004(11)(d), the court record becomes unavailable for public
viewing, and Idaho State Police must make its investigatory reports and
fingerprint records unavailable for public viewing. The statute keeps a
nonpublic special index and, subject to its exceptions, treats the proceeding
as if it never occurred so the person may answer inquiries accordingly.

Shielding is not destruction. The statute expressly preserves government
access and later-case use described below.

Automatic or clean-slate relief

Relief is not automatic. Idaho Code § 67-3004(11)(a) says the person may
petition, and subsection (e) places the proceeding in the underlying
criminal case. Subsection (k) adds a lifetime cap: only one petition may be
granted, covering one eligible crime or multiple eligible crimes committed in
one incident or transaction.

Convictions eligible by petition

The general route covers a misdemeanor unless it is one of subsection (b)'s
thirteen assaultive or violent misdemeanors. It also covers felony possession
of a controlled substance under Idaho Code § 37-2732(a), (c), or (e). Other
felonies are outside this shielding grant.

Multiple eligible convictions can be included only when they arose from the
same incident or transaction. The one-lifetime-petition rule means a granted
petition cannot be saved for another unrelated case later.

Excluded offenses and statuses

The excluded misdemeanor list is assault; battery; domestic battery; second-
degree stalking; violation of a protection order or no-contact order;
telephone harassment; vehicular manslaughter; excessive DUI; domestic assault;
battery upon law enforcement; injury to children; sexual battery; and indecent
exposure.

Status conditions create separate exclusions. Through the hearing, the person
must have no later felony or misdemeanor conviction and no pending felony or
misdemeanor case. At filing, the person also must have no restraining order in
effect and may not be on probation or parole for a later conviction.

Waiting period and when it starts

The petition may be filed no earlier than five years after completing the
sentence. Section 67-3004(11)(c) defines that completion to include all
ordered probation, parole, fines, and restitution. The clock therefore does
not start merely at conviction, release from custody, or partial completion of
supervision.

Sentence, restitution, and new-record conditions

Every ordered part of the sentence named in the statute must be complete,
including financial terms. The five-year period must remain free of any later
felony or misdemeanor conviction, and that clean-record condition continues
until the hearing rather than ending on the filing date.

A pending misdemeanor case counts just as a pending felony case for this
route. A current restraining order is also an express filing bar even if it is
not connected with a criminal conviction.

Petition process and decision standard

The petition remains in the original criminal case. The court sets a hearing
and notifies the prosecuting attorney; the prosecutor then provides the
constitutionally required notice to any readily identifiable crime victim.
The court may hear relevant testimony from any person.

Eligibility alone is not the entire standard. Section 67-3004(11)(d) requires
the court to find to its satisfaction that the person has been held accountable
and that shielding would not compromise public safety or the safety of any
victim. If those findings and the eligibility requirements are met, the court
shall order the records shielded.

Who can still see or use the record

The person who obtained relief, law-enforcement personnel, and court officers
retain access within the statute and operative court rules. POST-certified
peace officers and prosecutors may have complete access and use for purposes
including victim communications, hearings, investigations, and enhancements.

Section 67-3004(11)(i) also says shielding has no effect on Idaho Code
§§ 18-310 and 18-3316, the cited civil-rights and firearm provisions. Shielding
therefore does not itself change those statutes' operation.

A later felony conviction requires revocation of shielding when the prosecutor
requests it at sentencing. After a later misdemeanor conviction, revocation is
permitted rather than mandatory on the same kind of request.

Boundaries and alternative relief

Idaho Code § 19-2604(1) is a separate dismissal route for specified suspended-
sentence, withheld-judgment, treatment-court, misdemeanor, and felony
dispositions. On a satisfactory no-probation-violation showing and good cause,
the court may terminate the sentence, set aside the plea or conviction, and
dismiss the case. The dismissal restores civil rights, but § 67-3004(10)
expressly excludes a § 19-2604(1) dismissal from that nonconviction-expungement
provision; dismissal should not be described as general public-record
shielding. Under § 19-2604(4), convictions requiring sex-offender registration
cannot be dismissed or reduced under that section.

Idaho Code § 67-3014(2) supplies a much narrower trafficking-victim route. For
a conviction resulting from acts required by a human trafficker, the person
must file within a reasonable time. Under § 67-3014(10), the person must prove
the statutory trafficking connection by a preponderance of the evidence; if
the findings are made, the court must vacate the conviction, expunge the
criminal-history records, and seal the court filings. Idaho Code
§ 67-3014(15)(b)
defines that expungement as destruction, deletion, or erasure making the
criminal-history record permanently irretrievable, unlike ordinary shielding.

What trips people up

Five years belongs to shielding, not ordinary dismissal. Section
67-3004(11) uses the five-year post-sentence clock. Section 19-2604(1) instead
turns on the listed disposition, the probation-violation showing, whether
probation still has cause to continue, and good cause.

A dismissed conviction is not automatically expunged. Idaho expressly
excludes a § 19-2604(1) dismissal from § 67-3004(10)'s nonconviction
expungement route. A person seeking public-record shielding must independently
fit subsection (11).

One petition can cover multiple crimes only within one event. The lifetime
cap does not allow unrelated eligible cases to be bundled merely because both
have reached five years.

Common questions

Can an eligible misdemeanor be shielded automatically after five years?
No. The person must petition, attend the hearing process, and satisfy the
court's accountability and safety findings.

Can Idaho shield more than one conviction? Yes, but a single granted
petition may cover multiple eligible crimes only if they were committed in one
incident or transaction.

May the person deny the case after shielding? Ordinarily yes. The statute
treats the proceeding as never having occurred for inquiries, but it preserves
judicial and peace-officer-licensing exceptions and government access and use.

Does shielding restore firearm rights? The shielding statute does not
answer that question in the person's favor; it expressly says shielding has no
effect on the operation of Idaho's cited civil-rights and firearm statutes.

Statutes and sources

• Idaho Code § 67-3004 — eligible conviction classes, excluded misdemeanors,
  five-year clock, sentence and later-record conditions, hearing standard,
  public shielding, retained access, revocation, and lifetime cap.
  https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch30/sect67-3004/
  (accessed 2026-07-20)
• Idaho Code § 19-2604 — separate plea or conviction set-aside and dismissal
  route, disposition requirements, discretionary standard, civil-rights effect,
  and sex-registration exclusion.
  https://legislature.idaho.gov/statutesrules/idstat/title19/t19ch26/sect19-2604/
  (accessed 2026-07-20)
• Idaho Code § 67-3014 — trafficking-victim conviction vacatur, criminal-
  history expungement, proof standard, legal effect, and court-record sealing.
  https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch30/sect67-3014/
  (accessed 2026-07-20)