IDAHO
How to Clear Your Criminal Record
in Idaho
in Idaho
A free, plain English guide to Idaho's record relief options — the Clean Slate Act (effective January 2024), withheld judgment dismissals, non-conviction expungement, and felony reduction under Idaho Code §§ 19-2604 and 67-3004.
LEGAL TERM
Shielding / Expungement
CLEAN SLATE WAIT
5 years after sentence completion
GOVERNING LAW
I.C. §§ 67-3004 / 19-2604
What You Need to Know First
Idaho's Clean Slate Act launched January 1, 2024. This is Idaho's biggest expansion of record relief in decades. If it has been at least 5 years since you completed your entire sentence — including probation, parole, fines, and restitution — you can petition to have eligible records shielded from public disclosure. Records are not destroyed, but they become inaccessible to most employers, landlords, and members of the public. Only one offense (or offenses from a single incident) can be shielded.
Idaho does not have broad expungement. True expungement — permanent destruction of records — is available only in very narrow circumstances in Idaho (non-convictions, DNA database errors). For most convicted adults, the Clean Slate shielding and § 19-2604 dismissal are the practical pathways. Shielded records remain accessible to law enforcement.
DUI convictions stay on your record for 75 years. By Idaho law, DUI/DWI convictions are retained on your record for 75 years. There is no pathway to shield or expunge a DUI conviction. If you are facing a DUI charge, fighting the charge or negotiating it to a reduced offense before conviction is your only realistic option.
Idaho has four distinct pathways for record relief — each applies to a different situation.
Clean Slate Shielding
§ 67-3004(11) — SINCE JAN. 2024, 5-YEAR WAIT
The new Idaho pathway for eligible convictions. Shield records from public view after 5 years from sentence completion. Records not destroyed — law enforcement retains access. File a petition with the court. Only one offense or one criminal transaction can be shielded. Most useful for misdemeanor and qualifying felony convictions.
Withheld Judgment + § 19-2604 Dismissal
CONVICTION DISMISSED — BEST CONVICTION OUTCOME
If you received a withheld judgment or suspended sentence and successfully completed probation, you can petition under § 19-2604 to dismiss the case. Record shows "Dismissed By Court" rather than "Guilty." Highly likely to succeed if probation was completed without violations. Allows you to legally deny conviction.
Non-Conviction Expungement
§ 67-3004(10) — TRUE RECORD DESTRUCTION
True expungement — records destroyed — for arrests where no charges were filed within 1 year, cases dismissed, or acquittals. Submit a written request to the Idaho State Police. No waiting period. Does not require a court petition. Also available for human trafficking victims under § 67-3014.
Felony-to-Misdemeanor Reduction
§ 19-2604(2) — FOR RIDER PROBATIONERS
If you were convicted of a felony, sent on a RIDER (Retained Jurisdiction), and successfully completed probation with no violations, you may petition to reduce the felony conviction to a misdemeanor. Not a full dismissal, but removing the felony label can dramatically change your opportunities.
Clean Slate Act — What Qualifies and What Doesn't
ELIGIBLE FOR CLEAN SLATE SHIELDING
- 5 years have passed since completion of all sentence conditions
- All probation, parole, fines, and restitution fully paid and completed
- One offense — or multiple offenses arising from a single incident or transaction
- Most misdemeanor convictions
- Certain qualifying felony convictions
- No pending criminal charges
- Human trafficking victims — for offenses committed as a result of trafficking
NOT ELIGIBLE FOR CLEAN SLATE
- DUI / DWI convictions — 75-year retention, no shielding available
- Sex offenses requiring registration
- Violent felony convictions
- Multiple unrelated offenses from separate incidents
- Sentence not yet fully completed (probation, fines, restitution)
- Pending criminal charges
Withheld Judgment — Idaho's Most Powerful Pre-Tool
A withheld judgment in Idaho means the court accepts your guilty plea but withholds the formal entry of conviction while you serve probation. If you successfully complete all probation conditions, you petition under § 19-2604 to dismiss the case. The record then shows "Dismissed By Court" — not "Guilty." You can legally say you have not been convicted of a crime. This is significantly better than a conviction even with Clean Slate shielding, because it results in an actual dismissal.
Even if you did not receive a withheld judgment, you may still qualify for a § 19-2604 dismissal if you completed a suspended sentence on probation without violations and can show good cause. The 2014 amendment to § 19-2604 expanded eligibility by removing the requirement that the dismissal be in the "public interest" — now only "good cause" is required, which is a significantly lower bar.
How to Apply — Clean Slate Shielding
1
Verify the 5-Year Waiting Period Has Passed
The 5-year clock starts from the completion of all sentence conditions — the last date of probation or parole, the date all fines and restitution were paid, and any other court-ordered requirements. Request your Idaho criminal history from the Idaho State Police at isp.idaho.gov/bci to confirm completion dates and what is on your record.
2
File a Petition with the Idaho Supreme Court / District Court
The Idaho Supreme Court has developed a Clean Slate petition process. Visit isc.idaho.gov/Clean-Slate-Act for the official petition forms, instructions, and eligibility information. File your petition in the district court that handled your original case. Present evidence of eligibility including proof that 5 years have passed and all conditions are satisfied.
3
Court Review and Shielding Order
The court reviews your petition. If granted, a shielding order is issued directing that the records be made confidential and inaccessible to most public inquiries. Records are not destroyed — law enforcement and certain government agencies retain access. You can generally deny the conviction on most employment and housing applications after shielding.
How to Apply — Non-Conviction Expungement (§ 67-3004)
1
Confirm You Were Not Charged, Were Acquitted, or Charges Were Dismissed
Non-conviction expungement under § 67-3004(10) is for: (a) arrested but not charged within 1 year; (b) charges dismissed; or (c) acquitted of all charges. This results in true expungement — records are destroyed, not just shielded. No waiting period required.
2
Submit a Written Request to Idaho State Police
Download the Expungement Application from the Idaho State Police Bureau of Criminal Identification at isp.idaho.gov/bci. Submit the completed form directly to ISP — this is an administrative process, not a court petition. ISP destroys the fingerprint records and criminal history records related to the case.
Official Forms
Idaho Supreme Court — Clean Slate Act
Official Clean Slate petition forms, eligibility information, and instructions from the Idaho Supreme Court
Visit isc.idaho.gov →
Idaho State Police — Expungement Application
Non-conviction expungement application form for § 67-3004(10) cases — submit directly to ISP BCI
Visit isp.idaho.gov/bci →
Idaho Courts — Self-Help Center
Court forms for § 19-2604 dismissal petitions and other post-conviction relief applications
Visit courtselfhelp.idaho.gov →
Find Your Idaho District Court
Find the district court where your conviction occurred to file your Clean Slate or § 19-2604 petition
Visit isc.idaho.gov →
Helpful Resources
FREE LEGAL HELP
Idaho Legal Aid Services
Free civil legal help for low-income Idahoans statewide — including Clean Slate and criminal record guidance
idaholegalaid.org →
FREE LEGAL HELP
Idaho Volunteer Lawyers Program
Pro bono legal help for low-income Idahoans — contact for Clean Slate and expungement assistance
idahovlp.org →
CLEAN SLATE GUIDE
Idaho Supreme Court — Clean Slate
Official Idaho Supreme Court page on the Clean Slate Act with eligibility details and petition process
isc.idaho.gov →
HOUSING, FOOD & BENEFITS
findhelp.org
Search thousands of free and reduced-cost programs for housing, food, work, and more in your area
findhelp.org →
JOB SEARCH HELP
American Job Centers
Free job search assistance, resume help, and training — including resources for people with records
careeronestop.org →
COURT SELF-HELP
Idaho Court Self-Help Center
Free self-help resources for Idaho court users — including forms and guides for post-conviction relief
courtselfhelp.idaho.gov →
Frequently Asked Questions
What did the Clean Slate Act change in Idaho?
Before January 1, 2024, people with adult criminal convictions in Idaho had almost no pathway to clear their records short of withheld judgment dismissals under § 19-2604. The Clean Slate Act created Idaho's first general record shielding process for convicted adults. If it has been at least 5 years since you completed your entire sentence — including all probation, parole, fines, and restitution — you can now petition to have eligible records shielded from most public background checks. Records are not destroyed, but they become inaccessible to employers, landlords, and members of the public. Law enforcement retains access.
What is a withheld judgment and how does it lead to dismissal?
A withheld judgment in Idaho means the court accepts your guilty plea but formally withholds the entry of conviction while you serve probation. No conviction is formally entered during that period. After successfully completing all probation conditions without violations, you can petition the court under § 19-2604 to dismiss the case. The record then shows "Dismissed By Court" — not "Guilty" — and you can legally say you have not been convicted of a crime. This is the best outcome available for people already in the criminal justice system and is significantly better than a Clean Slate shield because it results in an actual dismissal, not just confidentiality.
Can my DUI be expunged or shielded in Idaho?
No — Idaho law requires DUI/DWI convictions to be retained on your record for 75 years. There is no pathway to shield, seal, or expunge a DUI conviction through Clean Slate or any other Idaho statute. If you are currently facing a DUI charge and want to protect your record, the only realistic option is fighting the charge for an acquittal, having it dismissed, or negotiating it reduced to a non-DUI offense before conviction. Once convicted of DUI in Idaho, that conviction will remain on your record for the rest of your life.
What does "shielding" under the Clean Slate Act actually mean for my record?
Shielding under Idaho's Clean Slate Act makes your criminal record confidential and inaccessible to most employers, landlords, and members of the public. Background checks run by most private employers and landlords will not show shielded records. For most daily purposes, you can honestly state that you don't have a criminal record. However — shielding is not expungement. Records are not destroyed. Law enforcement agencies, certain government agencies, and courts retain access to shielded records. If you are applying for certain government positions, law enforcement roles, or licensed professions, the record may still be accessible.
I completed probation years ago but never filed a dismissal. Can I still file under § 19-2604?
Yes — there is no time limit on when you can file a § 19-2604 dismissal petition after completing probation. The statute does not require you to file immediately after probation ends. If you successfully completed your probation without violations and can demonstrate good cause, you can file at any time. Idaho courts have granted § 19-2604 dismissals years and even decades after probation completion. The "good cause" standard is relatively accessible — successful completion of probation itself is generally sufficient.
Do I need an attorney?
For non-conviction expungements under § 67-3004 — not required. Submit the ISP form directly. For § 19-2604 dismissal petitions where you had a withheld judgment and completed probation without issues — Idaho Legal Aid and the Idaho Court Self-Help Center can help you complete the forms on your own. For Clean Slate petitions with any complexity — prior violations, multiple cases, or unclear eligibility — working with an Idaho attorney significantly improves your outcome. For felony cases and RIDER reductions, an attorney is strongly recommended.
After Your Record Is Shielded or Dismissed
After Clean Slate shielding: your record is inaccessible to most public inquiries and you can generally deny the conviction on most applications. After a § 19-2604 dismissal: the record shows "Dismissed By Court" and you can legally deny the conviction.
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Employment
Shielded records are inaccessible to most employers on standard background checks. Dismissed records show as dismissed rather than convicted. You can generally deny the conviction on most private employment applications. Idaho has ban-the-box protections for state government employment. Law enforcement, certain licensed professions, and some government agencies may still see shielded records.
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Background Check Databases
After shielding, Idaho state records are restricted. Private background check companies may still have old data in their own databases. Keep your court order and dispute any records that still appear. After a § 19-2604 dismissal, the court record updates to show dismissal — most background check companies update their records when the court record changes.
For general information about what changes after expungement — including housing, employment resources, and more — visit our After Expungement page.
This guide is for informational purposes only and does not constitute legal advice. Laws change — always verify current requirements with your court clerk or a licensed attorney in your state before filing.