A felony has a big impact on a person’s life and if you live in Idaho, you’ve come here trying to find out how to get the felony off your record.  Realize that with all felony records, there are three options you can take.  1) Expunge Your Record 2) Seal Your Record 3) Request a Pardon of Your Record. The problem though is that all states don’t offer all three of these options. But before we get into what Idaho offers, let’s review what each of these options actually mean.

Expungement

If you get your record expunged in Idaho it’s as if your arrest and/or charges never happened. Your record is completely destroyed, including all physical and public records. When asked if have a criminal record, after expungement, you can truthfully answer “no”.

Record Sealing

Sealing your record in Idaho is similar to expungement, but your record still exists in a limited form. The public does not have access to your record, but there are some exceptions. Your records can still be accessed by law enforcement and the courts. Record sealing is not as secure as expungement, but it is a reasonable alternative that is comparatively easier to obtain if your state offers it.

Pardons

If you receive a pardon in Idaho, you still have record of your arrest or charge, but your guilt is exonerated. That is, you have proven that you are rehabilitated and forgiven for your crimes. You can also get relief in terms of having various rights restored, such as your right to vote. The requirements for pardons vary between states, but typically there is a lot of documentation required, and includes lengthy waiting periods to apply and receive a pardon.

Things to Know Before You Start

First: It’s important to understand that every state is different in terms of what methods are available for felons to remove their record and the information below will help you understand what you can do in Idaho.

Felony Expungement in Idaho

Yes, it is possible to expunge your felony in Idaho but it depends on the felony.

Sealing a Record in Idaho

Yes, it is possible to seal your record in Idaho but it depends on the felony.

Getting a Pardon in Idaho

Yes, it is possible to get a pardon of your record in Idaho but it depends on the felony.

Second: When trying to clear your record, you really have two options.  The first is to get a free consultation from a lawyer to see what they think of your case, and the second is to try to do all of the paperwork yourself.  

Third: We HIGHLY recommend that you get a free consultation from a lawyer prior to taking any action.  We say this because whether you want to expunge, seal, or pardon your record, it’s an extremely complicated process.  Failure to follow the process properly can end up with you being denied for the request and having to wait additional time (sometimes several years) before you can file again.  In addition, getting an expungement lawyer can increase your odds of succeeding and sometimes it’s more affordable than you think.  The first step is to click on the button below to confirm that you’re eligible for the expungement/sealing off your record.

Can You Expunge a Felony in Idaho?

 Evidence that you were charged and perhaps convicted of a crime in Idaho will never fully be erased. There will always be a record of what violation you were charged with, whether you were convicted, acquitted at trial, given a withheld judgment, or had the charges dismissed.

NOTE:

Under Idaho law, if you have pled guilty to or been found guilty of a crime, you can have your conviction reduced or dismissed if 1) the criminal case meets certain statutory requirements and 2) the judge believes that good cause exists to grant you the relief.

This process is explained in Idaho Code section 19-2604(1).

Your case qualifies if i) your sentence was suspended or you received a withheld judgment, ii) your felony sentence was commuted, iii) your felony conviction did not result in a sentence to the custody of the board of correction, iv) you successfully completed a drug court or mental health court program, or v) your misdemeanor sentence did include a term in the county jail.

If your case meets one of these requirements, you must also show that you did not violate probation and that, if applicable, you successfully completed and graduated from an authorized drug court program or mental health court program.

After meeting these requirements, the judge will determine whether good cause exists to grant you the requested relief (you should certainly request a complete dismissal).

The court can grant this request and set aside and dismiss the felony or misdemeanor conviction, or it can alternatively reduce a felony to a misdemeanor.

If you are still on probation, the court can also release you from probation.

CANNOT EXPUNGE IF…

Statutory requirementsIf your criminal case does not meet certain, different statutory requirements Good Cause. If the judge does not believe that good cause exists to grant you the relief

How to Reduce a Felony to a Misdemeanor in Idaho

• Before you begin this process, we insist that you take this eligibility test to determine if you’re eligible to expunge your record.
• If you are eligible, you should talk to the lawyer that we refer you to so that you get an idea of the price for their services (it’s likely cheaper than you think because expungements are mostly paperwork) and see what other helpful information they can give you.
• If you are not eligible for expungement based on our test, then you should stop here.
• If you are eligible based on our test and want to do this without a lawyer, continue reading.
• Specifically, this section explains that once you have been discharged from probation, you can seek a reduction, but you’ll need the prosecutor to stipulate to a reduction, if less than five years have passed since being discharged from probation.
• If more than five years have passed, you only need the prosecutor to stipulate to a reduction for certain convictions, such as assault or battery with intent to commit a serious felony, enticing of children, murder in the first or second degree, voluntary manslaughter, and others.
• The code lists these convictions out. In addition, your felony conviction cannot be reduced if you have been convicted of a felony following the felony you want reduced.
• And you also cannot be currently charged with any crime.
• Then, if you still qualify, the judge has discretion to grant a reduction.This process is explained in Idaho Code section 19-2604(3).5. Contact the prosecutor.
• Talk with the prosecutor and explain your circumstances.
• Ask them if they object to a motion to dismiss or reduce.
• If they do not object, the prosecutor will likely agree to sign a stipulation to that effect, and judges may not question a motion for dismissal or reduction if the prosecutor is on board.6. File a motion and memorandum with the court.
• This is the formal requirement for a dismissal or reduction.
• The memorandum should help the judge understand the law-even though he may be very familiar with the law-and explain why good cause exists for the reduction.
• Remember to show remorse for the crime, and your understanding of its effects on the victim and society.7. File an affidavit explaining your circumstances.
• In addition to the motion and memorandum, you should file a notarized statement that explains why you qualify for relief and why you believe that good cause exists to grant the requested relief. It is better to admit wrongs and show improvement than to justify past mistakes.8. Submit a proposed order.
• Detail all the positive things that have occurred in your life, like educational achievements, a new or steady job, marriage and children, community involvement, charitable donations, awards and recognitions, etc.
• Include copies of your college transcripts, high school diploma or GED, marriage certificate, children’s birth certificates, military certificates, awards and recognitions, and other documents that show your rehabilitation and positive character.
• Judges like to minimize work, and if you submit a proposed order dismissing or reducing the charges, the judge may sign the order without a hearing, especially if the prosecutor signs a stipulation.
• If it applies to you, explain how you have been passed over for employment opportunities because of your conviction. Explain how this has prevented you from obtaining decent employment to support you and/or your family.
• If you are pursuing a particular career or a license in a particular trade or profession that requires you to obtain a pardon, explain this and send documents, letters, or other types of proof from a prospective employer or licensing agency verifying this requirement. Perhaps explain what your plans are in the event you are granted a pardon.
• Also, if you are facing deportation because of the conviction, explain how being separated from you family will negatively affect you and your family.9. If necessary, set a hearing.
• If the judge doesn’t agree to dismiss the charges based on the filings, you may need to be prepared to have a hearing on the matter.
• This is more likely if the prosecutor doesn’t sign a stipulation.
• Be prepared to show remorse for your past wrongs, improvement after the conviction, and a good reason for the dismissal or reduction.

Can You Seal Your Criminal Record in Idaho?

You can move to have your physical and electronic records, temporarily or permanently sealed or redacted, by order of the court on a case-by-case basis, during a judicial proceeding. You must meet certain requirements to have the court consider to seal your record, and even then, it may seal only documents, and the record itself will still be public.

How to Seal Your Criminal Record in Idaho

• Before you begin this process, we insist that you take this eligibility test to determine if you’re eligible to seal your record.
• If you are eligible, you should talk to the lawyer that we refer you to so that you get an idea of the price for their services (it’s likely cheaper than you think because expungements are mostly paperwork) and see what other helpful information they can give you.
• If you are not eligible to seal your record based on our test, then you should stop here.
• If you are eligible to seal your record based on our test and want to do this without a lawyer, continue reading.
• You can find the form here. Fill out the form with the Idaho State Police.
• You must attach a copy of the court’s acquittal order to the application if you have one.
• Because this process is so complicated, it is best to seek the representation of a lawyer.

Can You Apply for a Pardon in Idaho?

The Idaho Commission of Pardons and Parole is composed of 5 members, and grants about ⅓ of the 20 or 30 applications for pardons that it receives each year. For most felony offenses, however, the Commission can only make a recommendation to the Governor, who would have the final say on whether or not you receive a pardon.  

(note: the Governor only has 30 days to act, otherwise the pardon is automatically denied).

CANNOT PARDON IF…

Federal ConvictionIf you want a pardon for a federal conviction you must do that through the United States Department of Justice, Office of the Pardon Attorney. Out-of-State Conviction: If you want a pardon for an out-of-state conviction, you should find the appropriate state webpage dealing with pardons in that particular state.

How to Apply for a Pardon in Idaho

There is a specific process to follow to receive a pardon in Idaho. It is important to note that there is a waiting period after you were discharged from your sentence before you can apply. For non-violent and non-sex-related offenses, you must wait at least 3 years after you were discharged from sentence before you can apply. For violent crimes and sex-related crimes, you must wait 5 years. The form can be found on its website at https://parole.idaho.gov/.
• Before you begin this process, we insist that you take this eligibility test to determine if you’re eligible to request a pardon for your record.  In most cases, if you are eligible for expungement on our test, then you’ll be eligible for a pardon.
• If you are eligible, you should talk to the lawyer that we refer you to so that you get an idea of the price for their services (it’s likely cheaper than you think because requesting a pardon is mostly paperwork) and see what other helpful information they can give you. 
• If you are not eligible based on our test, then you should stop here. 
• If you are eligible based on our test and want to do this without a lawyer, continue reading.
• This is also the address where you must send your completed application and accompanying materials. The form is very short, simple, and self-explanatory. However, it is important that you fill it out completely and answer all questions truthfully.If you cannot access the Commission’s website or the form itself, contact the Commission directly at 208-334-2520 and ask for one to be sent or emailed to you. You can also write to the Commission at:P.O. Box 83720Statehouse MailBoise, Idaho 83720-1807
• If you do not remember the details or whereabouts of a particular conviction, you may need to obtain a criminal report for yourself so that you can identify information about that conviction.
• You can do this by contacting the Idaho Bureau of Criminal Identification at (208) 884-7130 or writing to P.O. Box 700, Meridian, Idaho 83680-0700.
• You will be asked to provide information about all the convictions which you would like a pardon for, including the name of the offense, the date you were convicted, the county where you were convicted, and the sentence you received.5. The Commission will allow you to submit letters of support from reputable members in your community who know you and can talk about your character and activities. You should definitely take advantage of this opportunity.
• You are strongly encouraged to submit written references or letters from church leaders, church members, teachers, friends, family, employers and/or co-workers who know you and can say good things about you to support you. It is better to choose individuals who are not related to you, to avoid the appearance of bias.
• The letters should tell the Board how the writer knows you and why he or she thinks you are deserving of a pardon.
• The letters would have more credibility if they are notarized (signed in front of a notary public), although this is not required. A notary public can be found in most banks; they usually charge a small fee, depending on whether the person has an account with that bank.
• The writers must indicate their current address and daytime telephone numbers in the letters.6. Additionally, although not required, we highly suggest that you submit, on a separate sheet of paper, a detailed and genuine personal statement explaining why you need a pardon.
• Your personal statement should be detailed, honest, and grammatically well written.
• Simply saying “I want to have a clean record” is not enough.
• Keep in mind that the Board/Governor will not be retrying you for the offense. Although you may want to explain the facts and circumstances of the crime from your perspective, avoid trying to make excuses for your crime and arguing away your guilt.
• Whatever you feel about the crime, you had already been found guilty. The Board/Governor is probably more interested in seeing your remorse for the crime, and your understanding of its effects on the victim and society, than anything else.
• If it applies to you, explain how you have been passed over for employment opportunities because of your conviction. Explain how this has prevented you from obtaining decent employment to support you and/or your family.
• If you are pursuing a particular career or a license in a particular trade or profession that requires you to obtain a pardon, explain this and send documents, letters, or other types of proof from a prospective employer or licensing agency verifying this requirement. Perhaps explain what your plans are in the event you are granted a pardon.
• Also, if you are facing deportation because of the conviction, explain how being separated from you family will negatively affect you and your family.
• In your personal statement you should detail all the positive things that have occurred in your life, like educational achievements, a new or steady job,, marriage and children, community involvement, charitable donations, awards and recognitions, etc.
• Send copies of your college transcripts, high school diploma or GED, marriage certificate, children’s birth certificates, military certificates, awards and recognitions, and other documents that show your rehabilitation and positive character.7. After the Commission receives your application, it will conduct a formal investigation.
• The investigation will include a criminal record check.
• The Commission may also have agents interview you as well as those who wrote letters of support for you.
• You should be upfront and cooperative with the Commission and its agents at all times.8. After investigation is complete, the Commission may hold a hearing on your application.
• The Commission holds pardon hearings 4 times every year, in the months of January, April, July, and October.
• If a hearing is held in your case, it will be a public hearing, which means that anyone from the general public can attend. The victim(s) of your crime will be notified of the hearing and will have an opportunity to attend.
• The Commission will post a notice in a major newspaper to alert the public that you are applying for a pardon.
• A copy of the notice will also be mailed to the prosecuting attorney in the county where you were sentenced.
• The prosecuting may attend the hearing to speak out against your application.9. Although you are not required to attend the hearing, we highly encourage you to attend.
• If possible, have a few people there (church members, co-workers, family members, friends, neighbors, etc.) who can speak out to support you.
• The hearing is an excellent opportunity for you to put a human face onto your application; it lets the Commission not only see you in person but also see the amount of support you have in your community.
• A majority of the Commission members must vote to grant you the pardon. The result of your pardon application, whether granted or denied, will be made available to you and will become public information.

So, there you have it.  Three separate ways to get rid of your record in Idaho.  As we’ve said numerous times throughout this page, this is a really complicated process and we highly recommend that you take this eligibility test prior to taking any action to determine if you are eligible for any of these options.

Please note, the information contained here is not legal advice and is strictly informational.  If you have any further questions about the information above, or in general, you need to contact a lawyer directly.