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What is Expungement in Idaho?

Posted by William Young | Jan 23, 2019 | 0 Comments

After adjudication, the formal judgement on a matter of contention, a juvenile has the opportunity to seek expungement. Expungement allows the records related to a juveniles criminal case, such as,

  • Law enforcement investigatory reports
  • Fingerprint records

in the custody of any agency or official sealed, removed, or destroyed. This can be granted if the court finds to its satisfaction the petitioner (defendant) has been,

  1. Held accountable
  2. Is developing life skills necessary to become a contributing member of the community
  3. The expungement of the petitioner's record will not compromise public safety

This allows a juvenile to not be required by law to list this past indiscretion on college applications, loan applications, job applications, housing opportunities, and many other steps a young adult will face in their future. In other words, using an individuals right to expungement allows their future not to be hindered and followed by their past decisions.

LET ME REPEAT THE MOST IMPORTANT PART OF THAT INFORMATION: A juvenile has the opportunity to seek expungement.

In Idaho, adults do not have the opportunity to expunge their records. Again, for the cheap seats: If you have an adult conviction, you CAN NOT expunge your Idaho record. I am repeating this over and over because I get calls and emails every day from people seeking the expungement of an adult criminal record. You may have the ability to reduce or dismiss a criminal conviction as an adult, but this is different and does not complete eliminate a criminal record. If you would like more information on this see here: Expungement for AdultsExpungement - No Such Thing In Idaho, Idaho Code §19-2604Sealing Your CaseIdaho Code §19-2604 do have options to

When is Expungement Not an Option?

There are certain cases where a juvenile is not allowed the right to the expungement of their record in regards to a criminal case. It is important to know what those circumstances are.

First, a juvenile who has committed any of the crimes from this list are excluded from the right to expungement: 

  • Administering poison with intent to kill (18-4014, Idaho Code)
  • Aggravated battery (18-907, Idaho Code)
  • Armed robbery (chapter 65, title 18, Idaho Code)
  • Arson (chapter 8, title 18, Idaho Code)
  • Assault with intent to commit a serious felony (18-909, Idaho Code)
  • Assault with intent to murder (18-4015, Idaho Code)
  • Assault or battery upon certain personnel, felony (18-915, Idaho Code)
  • Forcible sexual penetration by use of a foreign object (18-6608, Idaho Code)
  • Infamous crime against nature, committed by force or violence (18-6605, Idaho Code)
  • Injury to child, felony (18-1501, Idaho Code)
  • Kidnapping (18-4501, Idaho Code)
  • Murder of any degree (18-4001 and 18-4003, Idaho Code)
  • Rape, excluding statutory rape (18-6101 and 18-6108, Idaho Code)
  • Ritualized abuse of a child (18-1506A, Idaho Code)
  • Sexual exploitation of a child (18-1507, Idaho Code)
  • Unlawful use of destructive device or bomb (18-3320, Idaho Code)
  • Voluntary manslaughter (18-4006 1., Idaho Code)
  • A violation of the provisions of section 37-2732(a)(1)(A), (B) or (C), Idaho Code
    • Which is when the violation occurred on or within 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.
  • A violation of the provisions of section 37-2732B, Idaho Code
    • Which is related to drug trafficking or manufacturing of illegal drugs.

Second, a juvenile who has 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. 

But hold on! This does not mean that being charged with a felony or a misdemeanor that there will never be the opportunity for expungement. 

Finally, if there is a proceeding which involves a felony or misdemeanor that is pending, or being instituted against an individual, there is not an opportunity for expungement. 

What if I am Charged with a Felony, a Misdemeanor, or Status Offenses? 

Felony

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.

What are 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 18 years, whichever occurs later, petition the court for the expungement of the record.

Questions?

It is okay to still have questions even if you have read this material. This can be a daunting process for a very important factor in a persons future. This is why attorney's like myself are here. We are here to assist you, or a loved one, fight for their future. Be sure to consult with an attorney if you have any questions about this process or what your options are with this process. Call me for a free consultation! 

 

 

About the Author

William Young

Idaho Criminal Defense and Civil Litigation Attorney. Although I do a little bit of everything in my practice, I focus primarily on Criminal Defense and Civil Litigation. I am licensed to practice, and have a record of success, in both state and federal court.

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