Expunging a Criminal Record in Idaho (2026)
Reviewed by DocDraft Legal Team · Idaho · Last updated August 19, 2026
Idaho is one of the most restrictive states in the country for clearing a criminal record. There is no general statute that lets an adult expunge or seal a completed conviction, so an ordinary Idaho conviction generally stays on your record for life. The main relief is a withheld judgment: if the court withheld judgment and you finish probation, the case can be set aside and dismissed under Idaho Code 19-2604, which restores your civil rights, but the record still exists. Idaho Code 67-3004 allows fingerprint expungement and court-file sealing only in narrow situations, such as an arrest that was never charged, an acquittal, or dismissed charges. Idaho has no automatic 'clean slate' sealing. The Idaho State Police maintains the state criminal history repository.
Find out where you stand in Idaho
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Can you expunge a criminal conviction in Idaho?
Generally no. Idaho has no general adult conviction expungement statute, so a completed Idaho conviction usually cannot be expunged or sealed. The main relief is a withheld judgment that is set aside and dismissed under Idaho Code 19-2604 after probation, plus narrow record sealing under Idaho Code 67-3004.
What is a withheld judgment and how does it clear a record in Idaho?
A withheld judgment means the Idaho court accepts a guilty plea but does not enter a conviction. If you complete probation, the court may set aside the plea and dismiss the case under Idaho Code 19-2604, restoring your civil rights. The record is not destroyed, and the dismissal itself still appears in court records.
What Idaho records are eligible for sealing, and is there a waiting period?
Under Idaho Code 67-3004, you may seal the court file and expunge fingerprints only for an arrest not charged within one year, an acquittal of all offenses, or dismissed charges. There is no fixed waiting period for these, but a 19-2604(1) dismissal is expressly excluded from this sealing.
Does Idaho have automatic 'clean slate' record sealing?
No. Idaho has not enacted any automatic or 'clean slate' sealing law. Every avenue of relief in Idaho requires a petition or motion filed with the court, and eligibility is narrow. There is no system that automatically clears eligible arrests or convictions without action by the person affected.
Can you expunge or seal a felony conviction in Idaho?
Almost never. A completed Idaho felony conviction cannot be expunged or sealed because Idaho has no general conviction-clearing statute. The only common path is a felony handled by a withheld judgment that is later set aside and dismissed under Idaho Code 19-2604. A pardon from the Commission of Pardons and Parole is the other option.
Idaho's Narrow Record Relief: Withheld-Judgment Dismissals and Limited Sealing
Idaho is among the most restrictive states for clearing a criminal record and has no general statute allowing an adult to expunge or seal a completed conviction, so most Idaho convictions are permanent. The primary relief is the withheld judgment: an Idaho district court can accept a guilty plea without entering a conviction, and once the defendant successfully completes probation the court may set aside the plea and finally dismiss the case under Idaho Code 19-2604. That dismissal restores civil rights, including firearm rights, but it does not destroy the record; the case and its dismissal remain visible in court records, and Idaho Code 67-3004 specifically excludes a 19-2604(1) dismissal from record sealing. Separate from convictions, Idaho Code 67-3004 lets a person expunge the fingerprints and criminal history and seal the official court file only in narrow non-conviction situations: an arrest or criminal summons that was not charged by indictment or information within one year, an acquittal of all offenses, or charges that were dismissed. Juvenile records and certain sex-offender-registry removals have their own separate statutory paths. Idaho has no automatic 'clean slate' sealing, so every avenue requires a motion or petition. Petitions are filed in the Idaho district court where the case was handled, and the Idaho State Police Bureau of Criminal Identification maintains the statewide criminal history repository that reflects the outcome.
Relevant Laws
Withheld Judgment Set-Aside and Dismissal (Idaho Code 19-2604)
Authorizes an Idaho district court to set aside a guilty plea and finally dismiss the case and discharge the defendant after successful completion of probation, typically on a withheld judgment. The dismissal restores the defendant's civil rights, but the record is not destroyed.
Record Sealing and Fingerprint Expungement (Idaho Code 67-3004)
Allows a person to expunge fingerprints and criminal history and seal the court file only for an arrest not charged within one year, an acquittal of all offenses, or dismissed charges. It expressly does not apply to a dismissal granted under Idaho Code 19-2604(1).
No General Conviction Expungement or Automatic 'Clean Slate' in Idaho
Idaho has not enacted a general adult conviction expungement statute or any automatic 'clean slate' sealing law. Relief is petition-only and narrow, so a completed Idaho conviction that does not fit the withheld-judgment or non-conviction paths generally cannot be cleared.
No General Federal Expungement of State Records
There is no general federal statute that expunges a state criminal record; clearing an Idaho record is governed entirely by Idaho law. For non-convictions, Idaho Code 67-3004 is the arrest-sealing path, while convictions depend on the withheld-judgment dismissal or a state pardon.
Regional Variances
Idaho Record-Clearing Eligibility Table
Relief type and name
Idaho offers no general expungement of adult convictions. The main mechanism is a set-aside and dismissal of a withheld judgment under Idaho Code 19-2604, plus narrow record sealing and fingerprint expungement under Idaho Code 67-3004. Idaho uses 'set aside and dismiss' and 'seal,' not a broad 'expungement' of convictions.
Eligible matters
Withheld judgments are eligible for set-aside and dismissal under Idaho Code 19-2604 after successful completion of probation. Under Idaho Code 67-3004, sealing and fingerprint expungement are available for an arrest not charged within one year, an acquittal of all offenses, or dismissed charges. Juvenile records follow a separate path.
Waiting period by offense class
Idaho ties the withheld-judgment dismissal under 19-2604 to successful completion of probation rather than a fixed number of years after conviction. The 67-3004 sealing of a non-conviction has no set multi-year waiting period, though the not-charged path requires that one year pass without an indictment or information.
Excluded offenses
A completed adult conviction that was not handled as a withheld judgment is generally excluded from any expungement, because Idaho has no general conviction-clearing statute. A dismissal granted under Idaho Code 19-2604(1) is expressly excluded from 67-3004 sealing, so such a case remains visible in court records.
Automatic 'clean slate' status
None. Idaho has not enacted an automatic or 'clean slate' sealing law, so no eligible record is cleared without action. Every avenue, whether a 19-2604 set-aside or a 67-3004 sealing, requires a motion or petition filed in the Idaho district court where the case was handled.
Suggested Compliance Checklist
Confirm your Idaho matter fits a recognized relief path
Before filing anything days after startingIdaho has no general conviction expungement, so verify eligibility first. Check whether your case was a withheld judgment eligible for a 19-2604 set-aside after probation, or a non-conviction (not charged within a year, acquittal, or dismissal) eligible for 67-3004 sealing. A standard completed conviction generally cannot be cleared except by a state pardon.
Obtain your Idaho criminal history and court records
Before preparing the motion or petition days after startingRequest your criminal history from the Idaho State Police Bureau of Criminal Identification and pull the court file for each case. Confirm exact charges, case numbers, and dispositions so you can tell a withheld judgment from a conviction. Accurate disposition data determines which statute, if any, applies.
Prepare the correct Idaho motion or petition
Before the filing date days after startingDraft a motion to set aside the plea and dismiss under Idaho Code 19-2604 for a withheld judgment, or a petition to seal the court file and expunge fingerprints under Idaho Code 67-3004 for a non-conviction. Idaho has no single statewide form, so follow the local district court's requirements. An attorney can help assess eligibility and draft the filing.
File in the correct district court and serve the prosecutor
On the filing date days after startingFile in the Idaho district court in the county where the case was handled, confirm the current filing fee with the clerk, and ask about a fee waiver if needed. Provide notice to the county prosecuting attorney, who may object, and be prepared to attend any hearing the court sets.
Confirm the outcome and understand its limits
After the court rules days after startingObtain a certified copy of any dismissal or sealing order and confirm the Idaho State Police repository reflects it. Remember a 19-2604 dismissal is not an erasure and remains visible, and even sealed records may be seen by law enforcement, courts, licensing boards, and immigration authorities.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm your Idaho matter fits a recognized relief path | Idaho has no general conviction expungement, so verify eligibility first. Check whether your case was a withheld judgment eligible for a 19-2604 set-aside after probation, or a non-conviction (not charged within a year, acquittal, or dismissal) eligible for 67-3004 sealing. A standard completed conviction generally cannot be cleared except by a state pardon. | - | Before filing anything |
| Obtain your Idaho criminal history and court records | Request your criminal history from the Idaho State Police Bureau of Criminal Identification and pull the court file for each case. Confirm exact charges, case numbers, and dispositions so you can tell a withheld judgment from a conviction. Accurate disposition data determines which statute, if any, applies. | - | Before preparing the motion or petition |
| Prepare the correct Idaho motion or petition | Draft a motion to set aside the plea and dismiss under Idaho Code 19-2604 for a withheld judgment, or a petition to seal the court file and expunge fingerprints under Idaho Code 67-3004 for a non-conviction. Idaho has no single statewide form, so follow the local district court's requirements. An attorney can help assess eligibility and draft the filing. | - | Before the filing date |
| File in the correct district court and serve the prosecutor | File in the Idaho district court in the county where the case was handled, confirm the current filing fee with the clerk, and ask about a fee waiver if needed. Provide notice to the county prosecuting attorney, who may object, and be prepared to attend any hearing the court sets. | - | On the filing date |
| Confirm the outcome and understand its limits | Obtain a certified copy of any dismissal or sealing order and confirm the Idaho State Police repository reflects it. Remember a 19-2604 dismissal is not an erasure and remains visible, and even sealed records may be seen by law enforcement, courts, licensing boards, and immigration authorities. | - | After the court rules |
Frequently Asked Questions
Costs vary by county because Idaho has no single statewide expungement form or fee. You may owe a district court filing fee for a 67-3004 sealing petition, and there can be attorney costs. A motion to dismiss a withheld judgment under Idaho Code 19-2604 is filed in the existing case. Ask the court clerk about a fee waiver if you cannot afford the cost.
No. A dismissal under Idaho Code 19-2604 sets aside the plea and restores civil rights, but it does not destroy the record. The case and the dismissal remain in Idaho court records, and Idaho Code 67-3004 expressly excludes a 19-2604(1) dismissal from sealing. Police, courts, and some agencies can still see the case.
Often yes. Idaho relief is limited, and law enforcement retains access to underlying records. A withheld-judgment dismissal is not an erasure, so background checks may still reveal the case and its outcome. Even a 67-3004 sealing has limits, and licensing boards, courts, and immigration authorities may still access sealed or dismissed records.
There is no fixed statutory timeline. After you file the motion or petition in the Idaho district court, the prosecutor is given notice and the court may schedule a hearing, so timing depends on the county's docket and whether there is an objection. Uncontested matters can resolve in weeks to a few months; contested ones take longer.
Sometimes. Because Idaho has no general conviction expungement, a pardon from the Idaho Commission of Pardons and Parole is often the only relief for a completed conviction. A pardon can restore rights and forgive the offense, but it does not expunge or destroy the record, and it is granted at the Commission's discretion after an application and review.
Other Idaho guides
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