PETITION FOR EXPUNGEMENT AND SEALING OF CRIMINAL RECORD

(Idaho Code §§ 67-3004(10); 19-2604; 20-525A)
[// GUIDANCE: This template is drafted for adult or juvenile matters under Idaho law. Delete citations that do not apply to the Petitioner’s circumstance and insert additional statutory grounds if needed.]

I. DOCUMENT HEADER

IN THE DISTRICT COURT OF THE [___] JUDICIAL DISTRICT
OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF [COUNTY]

State of Idaho,
                       Plaintiff/Respondent,

v.

[PETITIONER FULL LEGAL NAME],
Date of Birth: [MM/DD/YYYY],
                       Defendant/Petitioner.

Case No. [_]

PETITION FOR EXPUNGEMENT AND SEALING OF CRIMINAL RECORD

Effective Date of Petition: [DATE]

RECITALS

A. Petitioner was [arrested / charged / adjudicated / convicted] of the offense(s) described below and now seeks statutory relief to remove public access to the related criminal history.
B. Jurisdiction and venue are proper in this Court under Idaho Code §§ 67-3004(10), 19-2604, and/or 20-525A, and Idaho Criminal Rule [___].
C. All conditions precedent to filing this Petition have been satisfied or lawfully waived.

II. DEFINITIONS

For purposes of this Petition:

1. “Applicable Statutes” means Idaho Code §§ 67-3004(10) (adult arrests/charges), 19-2604 (post-conviction dismissal), and/or 20-525A (juvenile expungement).
2. “Court File” means the docket, pleadings, orders, and exhibits maintained by the clerk of the Court in the above-captioned matter.
3. “Criminal History Record” means fingerprint-supported arrest, charge, disposition, and sentencing data maintained by the Idaho State Police Bureau of Criminal Identification (“BCI”) or any law-enforcement agency.
4. “Expungement” means the removal of a Criminal History Record from public dissemination, subject to statutory exceptions for law-enforcement and other authorized entities.
5. “Sealing” means restricting public inspection of the Court File while retaining access for entities specified by law.
6. “Waiting Period” means the minimum statutory time that must elapse before filing this Petition, measured from the latest of (i) dismissal or acquittal, (ii) completion of sentence/probation, or (iii) termination of juvenile court jurisdiction.

[// GUIDANCE: Add, delete, or adapt defined terms as necessary.]

III. OPERATIVE PROVISIONS

3.1 Jurisdiction & Venue

The Court has subject-matter jurisdiction under the Applicable Statutes and personal jurisdiction over the Petitioner, who resides in [COUNTY, ID] or was prosecuted in this county.

3.2 Factual Background

a. Arrest/Case Number(s): [__]
b. Offense(s) Charged: [_] (citation to Idaho Code § [___])
c. Disposition: [dismissed / acquitted / guilty-plea / withheld judgment successfully completed]
d. Date of Final Disposition or Sentence Completion: [MM/DD/YYYY]
e. Sentence/Probation Terms (if any) fully satisfied on: [MM/DD/YYYY]
f. Petitioner has not been convicted of any felony or misdemeanor (other than minor traffic infractions) since the above disposition.
g. Pending charges: None.

3.3 Statutory Basis for Relief

Petitioner seeks relief under:
• Idaho Code § 67-3004(10) – arrest/charge dismissed or acquitted; OR
• Idaho Code § 19-2604 – conviction set-aside and case dismissal after probation; OR
• Idaho Code § 20-525A – expungement of juvenile records.
[// GUIDANCE: Select all that apply; delete inapplicable grounds.]

3.4 Eligibility & Waiting-Period Compliance

Petitioner affirms that the statutory Waiting Period of:
• One (1) year (Idaho Code § 67-3004(10)(a)); OR
• Five (5) years from discharge of sentence or probation (Idaho Code § 19-2604(2)); OR
• One (1) year after juvenile jurisdiction ends or Petitioner is 18+ (Idaho Code § 20-525A(1))
has elapsed as of the Effective Date of this Petition.

3.5 Relief Requested

Petitioner respectfully requests that the Court:
1. Order the immediate expungement of Petitioner’s Criminal History Record in the custody of the BCI and any local law-enforcement agency;
2. Order the Clerk of the Court to seal the entire Court File from public inspection;
3. Direct that all state and local agencies served with the Order respond in writing within thirty (30) days confirming compliance;
4. Provide that sealed or expunged records remain accessible only to law-enforcement, prosecuting attorneys, or other entities expressly authorized by Idaho law; and
5. Grant such additional relief as equity and justice require.

IV. REPRESENTATIONS & WARRANTIES

Petitioner hereby represents, warrants, and verifies under oath that:

a. All information contained herein is true and correct to the best of Petitioner’s knowledge, information, and belief;
b. Petitioner has no criminal charges currently pending in any jurisdiction;
c. Petitioner has not been convicted of any disqualifying offense subsequent to the matter for which expungement is sought;
d. Petitioner is not seeking expungement for any offense statutorily ineligible for such relief; and
e. The relief requested is not sought for any improper purpose.

[// GUIDANCE: Consider attaching a criminal-history printout as an exhibit.]

V. COVENANTS & RESTRICTIONS

5.1 Petitioner shall promptly notify the Court of any change of address until this matter is fully resolved.
5.2 Upon entry of the Order, Petitioner shall, within ten (10) days, serve stamped copies on all agencies identified in Exhibit B and file proof of service.
5.3 Petitioner shall not initiate any dissemination of the sealed records except as authorized by the Court or statute.

VI. DEFAULT & REMEDIES

6.1 Failure of any served agency to comply within the time specified shall constitute a contempt of court, subject to statutory sanctions.
6.2 The Court retains continuing jurisdiction to enforce, modify, or clarify the Order and to grant additional relief necessary to effectuate expungement and sealing.

VII. RISK ALLOCATION

[Not applicable—this is a petition for judicial relief. No indemnification or liability caps apply.]

VIII. DISPUTE RESOLUTION

8.1 Governing Law: This Petition is governed exclusively by the laws of the State of Idaho (“state_expungement_law”).
8.2 Forum Selection: All hearings shall be conducted in the state_criminal_court identified in the caption.
8.3 Arbitration: Not available.
8.4 Jury Waiver: Not applicable.
8.5 Injunctive Relief: Petitioner expressly seeks record-sealing injunctive relief under the Applicable Statutes.

IX. GENERAL PROVISIONS

9.1 Amendment: Petitioner may amend this Petition with leave of Court as justice requires.
9.2 Severability: If any provision herein is declared unenforceable, the remaining provisions shall remain in full force.
9.3 Integration: This Petition constitutes the entire request for expungement; no oral statements modify its terms.
9.4 Electronic Signatures: Permitted to the fullest extent under Idaho law and Idaho Rules for Electronic Filing and Service.

X. EXECUTION BLOCK

Respectfully submitted this ___ day of _, 20.

[PETITIONER NAME]
Petitioner, Pro Se
Address: [__]
Phone: [__]
Email: [_____]

[// GUIDANCE: If represented by counsel, insert attorney signature block with bar number.]

VERIFICATION

STATE OF IDAHO )
          ) ss.
COUNTY OF [_] )

I, [PETITIONER NAME], being first duly sworn on oath, depose and say that I am the Petitioner in the above-entitled matter; that I have read the foregoing Petition for Expungement and Sealing of Criminal Record and know the contents thereof; and that the same is true and correct to the best of my knowledge, information, and belief.

[PETITIONER NAME]

Subscribed and sworn before me on this ___ day of ____, 20__.

Notary Public for Idaho
Residing at: ___
My Commission Expires: _____

EXHIBIT A – PROPOSED ORDER

[// GUIDANCE: File the Proposed Order as a separate, editable document for the judge’s convenience.]

EXHIBIT B – LIST OF AGENCIES TO BE SERVED

1. Idaho State Police, Bureau of Criminal Identification
2. [Arresting Agency]
3. [County Prosecuting Attorney’s Office]
4. [County Sheriff’s Office / Detention Center]
5. Idaho Department of Correction (if applicable)
6. [Any Additional Agency Holding the Record]

[// GUIDANCE: Confirm all agencies that possess or disseminate the record; include NCIC notice if necessary.]