Sealing A Criminal Case

Sealing A Criminal Case In Idaho

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:

1. That the documents or materials contain highly intimate facts or statements, the publication of which would be highly objectionable to a reasonable person, or
2. That the documents or materials contain facts or statements that the court finds might be libelous, or
3. 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
4. That the documents or materials contain facts or statements that might threaten or endanger the life or safety of individuals, or
5. 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.