How long you wait to clear a record in Idaho
When you can ask to clear a record in Idaho.
Checked against official sources: October 25, 2026.
Short answer
In Idaho you wait a set time before you can ask. The time depends on the case.
- Main remedy
- Expungement of non-conviction records (Idaho State Police)
- Waiting periods
- Arrest or summons, never charged: 1 year, counted from date of arrest or summons
Acquitted or all charges dismissed: No waiting period, counted from acquittal or dismissal
Eligible misdemeanor or felony drug possession conviction: 5 years, counted from completion of the sentence, including all probation, parole, fines and restitution
Idaho waiting period helper
Pick your kind of case and the date the waiting period runs from. We add the waiting period from the law; nothing else.
Waiting periods: 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
Waiting periods: 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)
Source: Official text
Waiting periods: 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
Waiting periods: 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
In nearby states
- Oregon: Arrested or cited, no charges filed: You can file 60 days after the prosecutor decides not to file charges, counted from the date the prosecutor says the state will not prosecute
- Montana: Misdemeanor conviction (presumed expungement): 5 years, counted from completing all sentence terms, including paying fines and finishing court-ordered treatment
- Washington: Misdemeanor or gross misdemeanor (non-domestic violence): 3 years, counted from the later of release from supervision or probation, release from confinement, or the sentencing date
Steps after the wait in Idaho
Get your court papers
The dates on your papers decide when the wait ends.
Read the full rule
The wait is only one rule; the court looks at the whole record.
Prepare your petition
When the waiting period has passed, you can prepare your request. 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 waiting periods in Idaho
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.
How long do I have to wait in Idaho?
Arrest or summons, never charged: 1 year, counted from date of arrest or summons; Acquitted or all charges dismissed: No waiting period, counted from acquittal or dismissal; Eligible misdemeanor or felony drug possession conviction: 5 years, counted from completion of the sentence, including all probation, parole, fines and restitution; Withheld judgment or suspended sentence, no probation violations: There is no fixed waiting period, counted from completion (or near completion) of probation.
Who helps for free in Idaho?
Idaho Legal Aid Services and Idaho Court Assistance Office (court self-help).