Idaho Expungement Laws: Set-Aside, Record Sealing, and Your Options in 2026
Idaho Expungement Laws: Set-Aside, Record Sealing, and Your Options in 2026
Idaho offers very limited record relief for adults. The state has no general expungement statute, but qualifying individuals may petition for a conviction set-aside under Idaho Code § 19-2604, pursue record shielding under the Clean Slate Act (Idaho Code § 67-3004(11)) for certain misdemeanor and felony drug-possession convictions, or pursue true record sealing if no conviction resulted from their arrest.
Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.
Jurisdiction scope: This article covers Idaho state law only. For a national comparison, see Expungement Laws by State.
Idaho Has No General Expungement Law for Adult Convictions
Idaho does not have a statute that allows adults to expunge a criminal conviction from public records in the way that many other states do. The Idaho Legislature has not enacted a general expungement law, meaning there is no mechanism by which a convicted adult can have the record of an arrest or conviction sealed, destroyed, or removed from public access simply because time has passed, unless the conviction falls within the narrower categories described below. Advocates and defense attorneys have noted this gap for years. A 2025 bill addressing criminal history records (H0126) stalled in the House Judiciary Committee and did not become law. The absence of a general expungement statute is a defining feature of Idaho's criminal justice landscape. Idaho does offer several distinct forms of relief, including the conviction set-aside under § 19-2604, the Clean Slate shielding process under § 67-3004(11) for qualifying misdemeanors and certain drug-possession felonies, and full record sealing for people who were arrested but not convicted. Anyone researching their options should understand these distinctions from the outset.
What a § 19-2604 Set-Aside Actually Does (and Does Not Do)
The most commonly used form of record relief for Idaho adults is the conviction set-aside under Idaho Code § 19-2604. After a defendant completes probation without a violation finding or admission, the court may "terminate the sentence or set aside the plea of guilty or conviction of the defendant, and finally dismiss the case and discharge the defendant." The statute further provides that the final dismissal "shall have the effect of restoring the defendant to his civil rights."
That language sounds broad, but the practical limits are significant. A § 19-2604 dismissal is not a true expungement. The record of the criminal case, including the original charge, the plea or conviction, and the subsequent dismissal, remains in the Idaho court system and is publicly accessible. Background check companies and employers who review court records will still see the case. The dismissal itself appears as a notation on the record rather than a removal of it.
What the set-aside does accomplish: it terminates probation, restores civil rights such as the right to vote and hold certain licenses, and formally closes the case. For many purposes, including some professional licensing applications, evidence that a case was dismissed under § 19-2604 carries weight. But anyone relying on this relief should not assume the underlying record has disappeared. Citations: Idaho Code § 19-2604(1) (Idaho Legislature, legislature.idaho.gov).
Who Qualifies for a § 19-2604 Set-Aside
Eligibility for a set-aside under § 19-2604 turns on several factors. First, the conviction must have resulted in a suspended sentence, a withheld judgment, or, for felony defendants, a commuted sentence or no custody term. Defendants who completed a drug court or mental health court program and successfully completed any subsequent probation period also qualify. Second, the court must not have found, and the defendant must not have admitted, any probation violation during the relevant period. A single formal probation violation proceeding with a finding or admission of violation typically disqualifies the applicant.
The key exclusion is sex offenses. Idaho Code § 19-2604 expressly provides that a judgment of conviction for any offense requiring sex offender registration under Idaho Code § 18-8304 "shall not be subject to dismissal or reduction under this section." That exclusion is categorical and applies regardless of how much time has passed or how well the person completed probation.
For felony cases, the court may also reduce a felony conviction to a misdemeanor under § 19-2604(3). Within five years of probation discharge, that reduction requires the agreement of the prosecuting attorney. After five years, prosecutor agreement is still required for certain serious offenses including murder, voluntary manslaughter, assault with intent to commit a serious felony, battery with intent to commit a serious felony, kidnapping in the first degree, robbery, trafficking, and certain other enumerated offenses. For felonies not on that list, the court retains discretion after five years.
There is no statutory waiting period beyond successful probation completion, but courts retain discretion and the petition process requires filing in the original court of conviction. Citations: Idaho Code § 19-2604(1), (3), (4); Idaho Code § 18-8304.
Clean Slate Act: Shielding Qualifying Convictions from Public View
Idaho's Clean Slate Act, codified at Idaho Code § 67-3004(11) and effective January 1, 2024, provides a distinct pathway for certain convicted adults to shield their records from public disclosure. This is not an expungement and does not destroy records, but it does make them unavailable for public viewing and allows the person to treat the proceedings as if they never occurred for most purposes.
To be eligible, the qualifying conviction must be either: (1) a misdemeanor that is not classified as an assaultive or violent misdemeanor under the statute (the excluded categories include assault, battery, domestic battery, stalking, protection order violations, harassment, vehicular manslaughter, DUI, and sexual battery, among others); or (2) a felony conviction for possession of a controlled substance under Idaho Code § 37-2732(a), (c), or (e).
The waiting period is five years after completing the entire sentence, including all ordered probation, parole, fines, and restitution. During that five-year period the petitioner must not have any subsequent felony or misdemeanor conviction, no pending criminal cases, and no active restraining orders. Only one offense, or one set of offenses arising from a single incident or transaction, may be shielded.
The process requires filing a petition in the court where the original case was handled. The Idaho Supreme Court provides shielding request instructions through isc.idaho.gov/Clean-Slate-Act. Law enforcement agencies retain access to shielded records, and the shielding does not affect peace officer licensing investigations or certain other uses specified in the statute. Citations: Idaho Code § 67-3004(11) (Idaho Legislature, legislature.idaho.gov); Idaho Supreme Court, Clean Slate Act resources (isc.idaho.gov/Clean-Slate-Act).
True Record Sealing: No-Conviction Cases Under § 67-3004(10)
The only pathway in Idaho to full record sealing for adults applies when there was no conviction. Idaho Code § 67-3004(10) allows a person to request that the Idaho State Police expunge their fingerprints and criminal history record, and to have the official court file sealed, in three situations: (1) the person was arrested or served a criminal summons but no charges were filed by indictment or information within one year; (2) the person was acquitted of all offenses arising from the arrest; or (3) all charges were dismissed.
The process is administrative rather than judicial: the qualifying person directs a written request to the Idaho State Police Bureau of Criminal Identification. The court file sealing component runs alongside but is handled at the court level. Critically, Idaho Code § 67-3004(10) explicitly states that this provision "shall not apply to any dismissal granted pursuant to section 19-2604(1)." In other words, a § 19-2604 dismissal does not trigger a right to seal fingerprints and records under § 67-3004(10). The two provisions serve different purposes and different populations. Citations: Idaho Code § 67-3004(10) (Idaho Legislature, legislature.idaho.gov).
Juvenile Record Expungement Under § 20-525A
Idaho provides a genuine expungement pathway for juvenile adjudications through Idaho Code § 20-525A. Unlike the adult set-aside, a successful juvenile expungement seals records and removes them "from all indices and from all other records available to the public." The person may answer inquiries about the adjudication as if it never occurred.
The waiting periods are: (1) for felony-level juvenile adjudications or commitments to the Idaho Department of Juvenile Corrections, three years from termination of court jurisdiction or release, whichever is later, and the person must be at least 18; (2) for non-violent misdemeanor or status offense adjudications without a corrections commitment, one year from termination of jurisdiction or age 18, whichever is later; (3) for diversions or informal adjustments, one year or age 18, whichever is later.
A court hearing is required. The prosecuting attorney and others with relevant information may testify. The court must find that the petitioner has no subsequent felony or violent misdemeanor convictions, is developing skills to become a contributing community member, and that expungement is not contrary to public safety.
Several serious offenses cannot be expunged under § 20-525A regardless of age at adjudication: murder, rape (excluding statutory rape), kidnapping, arson, armed robbery, aggravated battery, assault with intent to commit a serious felony, sexual exploitation of a child, ritualized abuse of a child, and drug trafficking near school property, among others. The court maintains a confidential special index of expungement proceedings accessible only by court order. Citations: Idaho Code § 20-525A (Idaho Legislature, legislature.idaho.gov).
How to Start the Process in Idaho
For a § 19-2604 set-aside, the petition is filed in the district or magistrate court where the original conviction was entered. The petitioner must demonstrate completion of probation without a violation finding. Filing fees vary by court and case type; contact the clerk of the originating court for the current schedule and available motion forms.
For Clean Slate record shielding under § 67-3004(11), the petition is filed in the court where the original case was handled. The Idaho Supreme Court provides instructions and forms at isc.idaho.gov/Clean-Slate-Act.
For no-conviction record sealing under § 67-3004(10), the written request goes to the Idaho State Police Bureau of Criminal Identification. The ISP's Bureau of Criminal Identification handles background check records; their contact information is available at isp.idaho.gov. The request should identify the arrest date, case number, and outcome (acquittal or dismissal).
For juvenile expungement under § 20-525A, the petition is filed in the juvenile court that handled the original adjudication. A hearing date will be set and the prosecuting attorney will be notified.
In all cases, consultation with a licensed Idaho attorney is advisable. The Idaho State Bar's lawyer referral service is available at isb.idaho.gov.
Disclaimer: This article provides general legal information about Idaho record relief statutes as of May 29, 2026. It is not legal advice and does not create an attorney-client relationship. Laws change and individual circumstances vary. Consult a licensed Idaho attorney before making decisions about your specific situation.
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Sources
The legal information in this article is drawn from the Idaho Legislature's official statute database and Idaho court self-help resources.
- Idaho Code § 19-2604: Discharge of Defendant; Amendment of Judgment. Idaho Legislature. legislature.idaho.gov
- Idaho Code § 67-3004(10) and (11): Idaho State Police; Criminal History Records; Expungement and Shielding. Idaho Legislature. legislature.idaho.gov
- Idaho Code § 20-525A: Expungement of Juvenile Records. Idaho Legislature. legislature.idaho.gov
- Idaho Code § 18-8304: Sex Offender Registration Act; Offenses Requiring Registration. Idaho Legislature. legislature.idaho.gov
- Idaho Supreme Court, Clean Slate Act Resources and Forms. isc.idaho.gov/Clean-Slate-Act
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RecordingLaw.com provides general legal information, not legal advice. Laws change; verify current statutes and consult a licensed Idaho attorney for guidance on your situation.