As of January 1, 2024, those arrested or prosecuted for, or convicted of non-violent and non-assaultive misdemeanors OR felony possession of a controlled substance in Idaho can petition the court to have their record shielded from public view under what the state is calling the Idaho Clean Slate Act. The phrase “clean slate” is slightly deceiving because it gives the impression that your record may be erased; however, what it really does is create a shield that seals your records from the public. 

Beginning five years after completing your sentence, you may petition the court for sealing under the Act, provided that during the five year period:

(1) you have not had any new felony or misdemeanor convictions and you are not or probation or parole for any other convictions;

(2) you have no misdemeanor or felony cases pending against you, and 

(3) you have no active restraining orders against you at the time you file the petition to shield your records. 

**Please refer to Idaho Code Section 67-3004(11)(a).

While this is certainly something you may file on your own, consulting with our firm's specialized criminal law attorneys will undoubtedly make the process smoother for you, especially because a mandatory hearing in front of a judge is required under the statute. Our experience in this area means that we can help you determine your eligibility, file the necessary paperwork, and represent you at mandatory hearing. 

IMPORTANT CONSIDERATIONS

• This “shielding” only applies to public discourse; law enforcement agencies and certain officers of the court will still have access to these records. Idaho Code §67-3004(11)(f). 

• If granted relief under the Act, the community and members of the general public will not be able to access your shielded criminal record. This includes people like landlords, employers, or institutions who may conduct background checks like universities. 

• This shielded record will still be available to the parties involved in the crime/incident. 

• Your “clean slate” shield may be revoked if you receive a subsequent felony or misdemeanor conviction and the revocation is requested by the prosecutor. Idaho Code §67-3004(11)(g).

• You may only have one “clean slate” petition granted in your lifetime. Meaning only one eligible crime may be shielded, or more than one eligible crime if they were committed in the same incident or transaction. Idaho Code §67-3004(11)(k). 

Shielding/Sealing vs. Expungement

Shielding = Records are not available to the public, but still on file with the court. Law enforcement agencies and court officers still have access.  

Expungement = An expunged record is completely erased from the court system. This is more difficult to receive and only available for a few offenses in Idaho. 

Crimes NOT eligible under the “Clean Slate” Act:  

• Assault 

• Domestic assault 

• Battery 

• Domestic battery 

• Sexual battery

• Battery upon law enforcement 

• Stalking in the second degree 

• Violation of a protection order or no contact order 

• Telephone harassment 

• Vehicular Manslaughter 

• Excessive DUI 

• Injury to children 

• Indecent exposure

Eligibility for a “Clean Slate” Petition:

1. Your offense was a non-violent, non-assaultive misdemeanor or felony possession of a controlled substance. Related misdemeanor offenses may be grouped together for the purposes of this petition if they arose out of the same incident. 

2. It has been 5+ years since you completed your sentence, parole, and/or probation. 

3. It has been 5+ years since you paid all related fines or restitution. 

4. You have not previously had a clean slate petition granted.

5. You do not have any new misdemeanor or felony convictions or charges pending against you. 

6. You have no active restraining orders against you at the time you file 
   

THE BENEFITS

Having a criminal record can make your life more difficult in a number of ways and prevent you from having a smooth integration back into the community. Petitioning for a “clean slate” can benefit you in several ways by:

• Boosting your housing prospects 

• Because many landlords run background checks, it can make it difficult to secure housing if they can view your criminal history. With a clean slate shield, they won't be able to! 

• Expanding your job opportunities 

• Since many employers conduct background checks, it would drastically improve your chances of finding employment if they can't view your criminal history. 

• Increasing the likelihood of meeting financial qualifications

• Banks and loan offices are more likely to give you a loan or increase your line of credit if they don't know your criminal record.

• Minimizing general public scrutiny

• Without shielding your records, your neighbors and other acquaintances in the community can access your criminal record if they so desire. Why give them a reason to judge you? Your past mistakes should not define you! 

Interested in having your case shielded under the Act?

Please call our office to speak with one of our experienced attorneys about what to expect, cost, and timing. These motions typically take 1-2 months from start to finish and require a hearing.