Sealing A Criminal Case
The closest thing to expungement that Idaho offers s sealing the records of a case. Physical and electronic records may be temporarily or permanently sealed or redacted by order of the court on a case-by-case basis. The party must file a motion to seal and then the court must hold a hearing on the motion to seal. In ruling on whether specific records should be disclosed, redacted, or sealed the court must determine and make a finding of fact as to whether the interest in privacy or public disclosure predominates. Before a court may enter an order redacting or sealing records, it must also make one or more of the following determinations in writing:
- That the documents or materials contain highly intimate facts or statements, the publication of which would be highly objectionable to a reasonable person, or
- That the documents or materials contain facts or statements that the court finds might be libelous, or
- That the documents or materials contain facts or statements, the dissemination or publication of which would reasonably result in economic or financial loss or harm to a person having an interest in the documents or materials, or compromise the security of personnel, records or public property of or used by the judicial department, or
- That the documents or materials contain facts or statements that might threaten or endanger the life or safety of individuals, or
- That it is necessary to temporarily seal or redact the documents or materials to preserve the right to a fair trial.
Even if your situation falls under one of these 5 categories, Idaho courts are generally unwilling to seal a case except under very VERY rare circumstances. Don't be surprised if this is a long shot at best.