Expunging A Juvenile's Record

After adjudication a juvenile who has not been convicted of any excluded crime (see below), AND has not been convicted of a felony, or of a misdemeanor wherein violence toward another person was attempted or committed since the termination of the court's jurisdiction or his release from the juvenile corrections center, AND that no proceeding involving such felony or misdemeanor is pending or being instituted against him, AND if the court further finds to its satisfaction that the petitioner has been held accountable, is developing life skills necessary to become a contributing member of the community and that the expungement of the petitioner's record will not compromise public safety - it shall order all records in the petitioner's case in the custody of the court and all such records, including law enforcement investigatory reports and fingerprint records, in the custody of any other agency or official sealed, and shall further order all references to said adjudication, diversion or informal adjustment removed from all indices and from all other records available to the public.

Felonies

Any person who has been adjudicated in juvenile court for having committed a felony offense may, after the expiration of five (5) years from the date of termination of the continuing jurisdiction of the court, or, in case the juvenile was committed to the juvenile corrections center, five (5) years from the date of his release from the juvenile corrections center, or after reaching age eighteen (18), whichever occurs last, petition the court for the expungement of the record.

Misdemeanors or Status Offenses 

Any person who has been adjudicated in a case under the juvenile corrections act and found to be within the purview of the act for having committed misdemeanor or status offenses may, after the expiration of one (1) year from the date of termination of the continuing jurisdiction of the court or after reaching age eighteen (18) years, whichever occurs later, petition the court for the expungement of the record.

Diversion Cases or Informal Adjustments 

In any case where the prosecuting attorney has elected to utilize the diversion process or the court orders an informal adjustment the person may, after the expiration of one (1) year from the date of termination of the continuing jurisdiction of the court or after reaching age eighteen (18) years, whichever occurs later, petition the court for the expungement of the record.

Exclusions 

The court may not expunge a conviction for any of the following crimes from a juvenile's record:

(a) Administering poison with intent to kill (18-4014, Idaho Code);
(b) Aggravated battery (18-907, Idaho Code);
(c) Armed robbery (chapter 65, title 18, Idaho Code);
(d) Arson (chapter 8, title 18, Idaho Code);
(e) Assault with intent to commit a serious felony (18-909, Idaho Code);
(f) Assault with intent to murder (18-4015, Idaho Code);
(g) Assault or battery upon certain personnel, felony (18-915, Idaho Code);
(h) Forcible sexual penetration by use of a foreign object (18-6608, Idaho Code);
(i) Infamous crime against nature, committed by force or violence (18-6605, Idaho Code);
(j) Injury to child, felony (18-1501, Idaho Code);
(k) Kidnapping (18-4501, Idaho Code);
(l) Murder of any degree (18-4001 and 18-4003, Idaho Code);
(m) Rape, excluding statutory rape (18-6101 and 18-6108, Idaho Code);
(n) Ritualized abuse of a child (18-1506A, Idaho Code);
(o) Sexual exploitation of a child (18-1507, Idaho Code);
(p) Unlawful use of destructive device or bomb (18-3320, Idaho Code);
(q) Voluntary manslaughter (18-4006 1., Idaho Code);
(r) A violation of the provisions of section 37-2732(a)(1)(A), (B) or (C), Idaho Code, when the violation occurred on or within one thousand (1,000) feet of the property of any public or private primary or secondary school, or in those portions of any building, park, stadium or other structure or grounds which were, at the time of the violation, being used for an activity sponsored by or through such a school;
(s) A violation of the provisions of section 37-2732B, Idaho Code, related to drug trafficking or manufacturing of illegal drugs.

What Happens To Expunged Records?

They are removed from all records available to the public. Upon entry of the expungement order the proceedings in the petitioner's case are deemed never to have occurred.

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