Expungement of non-conviction records (Idaho State Police) in Idaho: which records can be cleared
What Idaho law lets you clear, record by record.
Checked against official sources: October 25, 2026.
Short answer
In Idaho it is called expungement: 'expungement' removes fingerprints and history of an arrest that did not lead to a conviction from the Idaho State Police repository. Some misdemeanor and felony convictions may be cleared.
- Main remedy
- Expungement of non-conviction records (Idaho State Police)
- What it covers
- Arrests or summonses where no charges were filed by indictment or information within 1 year, acquittals of all offenses, and cases where all charges were dismissed.
- Ways to clear a record
- 4
What each remedy covers in Idaho
Expungement (non-conviction records), shielding from disclosure, and dismissal or reduction under I.C. § 19-2604 — In Idaho, 'expungement' removes fingerprints and history of an arrest that did not lead to a conviction from the Idaho State Police repository. 'Shielding' hides court records and police reports of an eligible conviction from the public; police, prosecutors and courts can still see them. A § 19-2604 dismissal sets aside a guilty plea or conviction, but the case stays on your record as dismissed.
Idaho has 4 ways to clear a record. Each covers different records and has its own waiting period.
Expungement of non-conviction records (Idaho State Police)
Arrests or summonses where no charges were filed by indictment or information within 1 year, acquittals of all offenses, and cases where all charges were dismissed.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Arrest or summons, never charged | 1 year If you were not charged within 1 year of the arrest or summons, you can ask ISP to expunge it. | Date of arrest or summons |
Acquitted or all charges dismissed | No waiting period You can apply as soon as you are acquitted or all charges are dismissed. | Acquittal or dismissal |
- Not eligible
- Dismissals granted after a guilty plea and withheld judgment under I.C. § 19-2604(1). The ISP application also says it does not apply to people convicted of a sex offense.
Law: Idaho Code § 67-3004(10)
Source: Official text
Shielding of records from disclosure (petition to the court)
Arrests, prosecutions and convictions for misdemeanors that are not assaultive or violent, and felony possession of a controlled substance.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Eligible misdemeanor or felony drug possession conviction | 5 years You can petition 5 years after you finish your whole sentence, if you have had no new conviction, are not on probation or parole, have no pending cases and no restraining order against you. | Completion of the sentence, including all probation, parole, fines and restitution |
- Not eligible
- Assault, battery, domestic battery or assault, second-degree stalking, violating a protection or no-contact order, telephone harassment, vehicular manslaughter, excessive DUI, battery on law enforcement, injury to children, sexual battery, indecent exposure. Felonies other than drug possession are not eligible.
- Limits
- Only one petition can be granted in your lifetime (covering one eligible crime, or several from a single incident). Shielding can be revoked if you are convicted again.
Law: Idaho Code § 67-3004(11); I.C. § 37-2732(a), (c) or (e)
Source: Official text
Dismissal after withheld judgment or suspended sentence (set aside)
People who pleaded guilty or were found guilty and received a withheld judgment or suspended sentence, misdemeanor defendants not sentenced to jail (or whose jail was suspended), felony defendants not sent to prison, and graduates of drug court or mental health court.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Withheld judgment or suspended sentence, no probation violations | See the rule There is no fixed waiting period. You must show you never admitted or were found to have violated probation, and that there is good cause. | Completion (or near completion) of probation |
- Not eligible
- Offenses requiring sex offender registration. Not available if you admitted or were found to have violated probation (unless you graduated drug or mental health court).
Law: Idaho Code § 19-2604(1)
Source: Official text
Reduction of a felony conviction to a misdemeanor
Felony convictions where you have been discharged from probation.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Felony, less than 5 years since discharge from probation | No waiting period Before 5 years, the court can reduce the felony only if the prosecutor agrees. | Discharge from probation |
Felony, 5 or more years since discharge from probation | 5 years After 5 years, the judge can decide without the prosecutor's agreement, except for serious listed crimes. | Discharge from probation |
- Not eligible
- Offenses requiring sex offender registration. For murder, voluntary manslaughter, robbery, first-degree kidnapping, drug trafficking, enticing children, assault or battery with intent to commit a serious felony and other listed crimes, the prosecutor must agree even after 5 years.
- Limits
- No felony conviction for a crime committed after the conviction, and no pending charges.
Law: Idaho Code § 19-2604(2)-(4)
Source: Official text
Juvenile records
You may petition the juvenile court to expunge your juvenile record 1 year after the court's jurisdiction ends or at age 18, whichever is later, for misdemeanor, status, diversion or informal-adjustment cases; for felony adjudications or commitment to juvenile corrections, 3 years after jurisdiction ends or release, or at 18, whichever is later. Serious listed crimes (for example murder, rape, armed robbery, kidnapping, arson, drug trafficking) cannot be expunged.
Law: Idaho Code § 20-525A
What changes afterwards
After shielding, the case is treated as never having happened and you may lawfully answer inquiries accordingly, except in court proceedings and peace officer licensing; police and prosecutors keep full access, and shielding does not restore firearm or civil rights under I.C. §§ 18-310 and 18-3316.
Law: Idaho Code § 67-3004(11)(d), (i), (j)
Pardons in Idaho
- Who decides
- Idaho Commission of Pardons and Parole (the Governor must approve pardons for offenses punishable by death or life imprisonment)
- How
- Mail the pardon application with certified judgments, proof that fines and restitution are paid, and police reports. You may apply 5 years after discharge of all sentences for non-violent, non-sex offenses, or 10 years for violent crimes, sex crimes and crimes against persons, once every 12 months. A pardon restores civil and firearm rights but does not expunge the record.
Law: Idaho Const. art. IV, § 7; Idaho Code § 20-1016
In nearby states
- Oregon: Set aside (also called expungement); sealing
- Montana: Expungement (misdemeanors); dismissal after deferred imposition of sentence
- Washington: Vacate (vacation of a conviction); deletion of non-conviction data
- Nevada: Record sealing
What to do now in Idaho
Get your own record
Your record lists each case; you need it to see which remedy fits. Idaho Supreme Court - Clean Slate Act (shielding records) and Idaho State Police - Criminal History (expungement FAQ).
Count the waiting period
Waiting periods differ by case and remedy. Waiting periods.
File with the court
Most remedies start with a petition to the court. How to file.
Talk to legal aid
Free help: Idaho Legal Aid Services and Idaho Court Assistance Office (court self-help).
Free help in Idaho
Questions about clearing a record in Idaho
What is the legal term in Idaho?
Expungement (non-conviction records), shielding from disclosure, and dismissal or reduction under I.C. § 19-2604. In Idaho, 'expungement' removes fingerprints and history of an arrest that did not lead to a conviction from the Idaho State Police repository. 'Shielding' hides court records and police reports of an eligible conviction from the public; police, prosecutors and courts can still see them. A § 19-2604 dismissal sets aside a guilty plea or conviction, but the case stays on your record as dismissed.
Can convictions be cleared in Idaho?
Expungement of non-conviction records (Idaho State Police): Arrests or summonses where no charges were filed by indictment or information within 1 year, acquittals of all offenses, and cases where all charges were dismissed. Shielding of records from disclosure (petition to the court): Arrests, prosecutions and convictions for misdemeanors that are not assaultive or violent, and felony possession of a controlled substance. Dismissal after withheld judgment or suspended sentence (set aside): People who pleaded guilty or were found guilty and received a withheld judgment or suspended sentence, misdemeanor defendants not sentenced to jail (or whose jail was suspended), felony defendants not sent to prison, and graduates of drug court or mental health court. Reduction of a felony conviction to a misdemeanor: Felony convictions where you have been discharged from probation.
Are juvenile records sealed in Idaho?
You may petition the juvenile court to expunge your juvenile record 1 year after the court's jurisdiction ends or at age 18, whichever is later, for misdemeanor, status, diversion or informal-adjustment cases; for felony adjudications or commitment to juvenile corrections, 3 years after jurisdiction ends or release, or at 18, whichever is later. Serious listed crimes (for example murder, rape, armed robbery, kidnapping, arson, drug trafficking) cannot be expunged.
What can I say after my record is cleared in Idaho?
After shielding, the case is treated as never having happened and you may lawfully answer inquiries accordingly, except in court proceedings and peace officer licensing; police and prosecutors keep full access, and shielding does not restore firearm or civil rights under I.C. §§ 18-310 and 18-3316.