Idaho
Idaho Expungement Laws: Set-Aside, Record Sealing, and Your Options in 2026
Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. How we verify our legal content
Idaho offers very limited record relief for adults. The state has no general expungement statute, but qualifying individuals may petition for a conviction set-aside under Idaho Code § 19-2604, pursue record shielding under the Clean Slate Act (Idaho Code § 67-3004(11)) for certain misdemeanor and felony drug-possession convictions, or pursue true record sealing if no conviction resulted from their arrest.
Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.
Jurisdiction scope: This article covers Idaho state law only. For a national comparison, see Expungement Laws by State.
Idaho Has No General Expungement Law for Adult Convictions
Idaho does not have a statute that allows adults to expunge a criminal conviction from public records in the way that many other states do. The Idaho Legislature has not enacted a general expungement law, meaning there is no mechanism by which a convicted adult can have the record of an arrest or conviction sealed, destroyed, or removed from public access simply because time has passed, unless the conviction falls within the narrower categories described below. Advocates and defense attorneys have noted this gap for years. A 2025 bill addressing criminal history records (H0126) stalled in the House Judiciary Committee and did not become law. The absence of a general expungement statute is a defining feature of Idaho's criminal justice landscape. Idaho does offer several distinct forms of relief, including the conviction set-aside under § 19-2604, the Clean Slate shielding process under § 67-3004(11) for qualifying misdemeanors and certain drug-possession felonies, and full record sealing for people who were arrested but not convicted. Anyone researching their options should understand these distinctions from the outset.
What a § 19-2604 Set-Aside Actually Does (and Does Not Do)
The most commonly used form of record relief for Idaho adults is the conviction set-aside under Idaho Code § 19-2604. Where the court is satisfied that no probation violation was found or admitted, or that the defendant successfully completed drug court or mental health court, it may "terminate the sentence or set aside the plea of guilty or conviction of the defendant, and finally dismiss the case and discharge the defendant."
An application does not have to wait until probation has run its course. Section 19-2604(1)(b) directs the court to decide whether "there is no longer cause for continuing the period of probation should the defendant be on probation at the time of the application," which contemplates a defendant who is still on probation when the paperwork is filed, and the same order can end probation and set the conviction aside. Some of the eligible categories in § 19-2604(1)(a) do not involve a completed probation term at all, such as a felony defendant whose sentence was commuted, a felony defendant never sentenced to the custody of the board of correction, and a drug court or mental health court graduate who was never sentenced. The statute further provides that the final dismissal "shall have the effect of restoring the defendant to his civil rights."
That language sounds broad, but the practical limits are significant. A § 19-2604 dismissal is not a true expungement. The record of the criminal case, including the original charge, the plea or conviction, and the subsequent dismissal, remains in the Idaho court system and is publicly accessible. Background check companies and employers who review court records will still see the case. The dismissal itself appears as a notation on the record rather than a removal of it.
What the set-aside does accomplish: it terminates probation, restores civil rights such as the right to vote and hold certain licenses, and formally closes the case. For many purposes, including some professional licensing applications, evidence that a case was dismissed under § 19-2604 carries weight. But anyone relying on this relief should not assume the underlying record has disappeared. Citations: Idaho Code § 19-2604(1) (Idaho Legislature, legislature.idaho.gov).
Who Qualifies for a § 19-2604 Set-Aside
Eligibility for a set-aside under § 19-2604 turns on several factors. First, the conviction must have resulted in a suspended sentence, a withheld judgment, or, for felony defendants, a commuted sentence or no custody term. Defendants who successfully completed a drug court or mental health court program also qualify. Second, the court must not have found, and the defendant must not have admitted, any probation violation during the relevant period. A single formal probation violation proceeding with a finding or admission of violation typically disqualifies the applicant.
The key exclusion is sex offenses. Idaho Code § 19-2604 expressly provides that a judgment of conviction for any offense requiring sex offender registration under Idaho Code § 18-8304 "shall not be subject to dismissal or reduction under this section." That exclusion is categorical and applies regardless of how much time has passed or how well the person completed probation.
For felony cases, the court may also reduce a felony conviction to a misdemeanor under § 19-2604(3). Within five years of probation discharge, that reduction requires the agreement of the prosecuting attorney. After five years, prosecutor agreement is still required for certain serious offenses including murder, voluntary manslaughter, assault with intent to commit a serious felony, battery with intent to commit a serious felony, kidnapping in the first degree, robbery, trafficking, and certain other enumerated offenses. For felonies not on that list, the court retains discretion after five years.
There is no statutory waiting period, and the statute expressly contemplates an application filed while the defendant is still on probation, but courts retain discretion and the petition process requires filing in the original court of conviction. Citations: Idaho Code § 19-2604(1), (3), (4); Idaho Code § 18-8304.
Clean Slate Act: Shielding Qualifying Convictions from Public View
Idaho's Clean Slate Act, codified at Idaho Code § 67-3004(11) and effective January 1, 2024, provides a distinct pathway for certain convicted adults to shield their records from public disclosure. This is not an expungement and does not destroy records, but it does make them unavailable for public viewing and allows the person to treat the proceedings as if they never occurred for most purposes.
To be eligible, the qualifying conviction must be either: (1) a misdemeanor that is not classified as an assaultive or violent misdemeanor under the statute (the excluded categories include assault, battery, domestic battery, stalking, protection order violations, harassment, vehicular manslaughter, excessive DUI under Idaho Code § 18-8004C (a BAC of 0.20 percent or higher), and sexual battery, among others. A standard DUI conviction below that BAC threshold is not categorically excluded from Clean Slate shielding); or (2) a felony conviction for possession of a controlled substance under Idaho Code § 37-2732(a), (c), or (e).
The waiting period is five years after completing the entire sentence, including all ordered probation, parole, fines, and restitution. During that five-year period the petitioner must not have any subsequent felony or misdemeanor conviction, no pending criminal cases, and no active restraining orders.
Shielding is a once-in-a-lifetime remedy, not a repeatable one. Idaho Code § 67-3004(11)(k) provides that "a person may have only one (1) petition granted during such person's lifetime to have one (1) of the crimes eligible under this subsection, or more than one (1) eligible crime under this subsection if committed in a single incident or transaction, shielded from disclosure." A person who uses that one grant on a single conviction cannot come back later and file again to shield a different conviction.
The process requires filing a petition in the court where the original case was handled. The Idaho Supreme Court provides shielding request instructions through isc.idaho.gov/Clean-Slate-Act. Law enforcement agencies retain access to shielded records, and the shielding does not affect peace officer licensing investigations or certain other uses specified in the statute. Citations: Idaho Code § 67-3004(11) (Idaho Legislature, legislature.idaho.gov); Idaho Supreme Court, Clean Slate Act resources (isc.idaho.gov/Clean-Slate-Act).
True Record Sealing: No-Conviction Cases Under § 67-3004(10)
The only pathway in Idaho to full record sealing for adults applies when there was no conviction. Idaho Code § 67-3004(10) allows a person to request that the Idaho State Police expunge their fingerprints and criminal history record, and to have the official court file sealed, in three situations: (1) the person was arrested or served a criminal summons but no charges were filed by indictment or information within one year; (2) the person was acquitted of all offenses arising from the arrest; or (3) all charges were dismissed.
The process is administrative rather than judicial: the qualifying person directs a written request to the Idaho State Police Bureau of Criminal Identification. The court file sealing component runs alongside but is handled at the court level. Critically, Idaho Code § 67-3004(10) explicitly states that this provision "shall not apply to any dismissal granted pursuant to section 19-2604(1)." In other words, a § 19-2604 dismissal does not trigger a right to seal fingerprints and records under § 67-3004(10). The two provisions serve different purposes and different populations. Citations: Idaho Code § 67-3004(10) (Idaho Legislature, legislature.idaho.gov).
Juvenile Record Expungement Under § 20-525A
Idaho provides a genuine expungement pathway for juvenile adjudications through Idaho Code § 20-525A. Unlike the adult set-aside, a successful juvenile expungement seals records and removes them "from all indices and from all other records available to the public." The person may answer inquiries about the adjudication as if it never occurred.
The waiting periods are: (1) for felony-level juvenile adjudications or commitments to the Idaho Department of Juvenile Corrections, three years from termination of court jurisdiction or release, whichever is later, and the person must be at least 18; (2) for adjudications involving "misdemeanor or status offenses only and not having been committed to the department of juvenile corrections," one year from termination of jurisdiction or age 18, whichever is later; (3) for diversions or informal adjustments, one year or age 18, whichever is later.
The one-year track carries no violence screen of its own. Section 20-525A(2) turns only on whether the adjudications were misdemeanors or status offenses and whether the person was committed to juvenile corrections, so a misdemeanor-level adjudication is not shut out of the one-year path because the offense involved violence. The violence-related limits sit elsewhere in the statute and do different work: § 20-525A(5) lists felony-level offenses that can never be expunged, and § 20-525A(6) requires that the petitioner has not since been convicted of a felony or of a misdemeanor involving attempted or completed violence toward another person.
A court hearing is required. The prosecuting attorney and others with relevant information may testify. The court must find that the petitioner has no subsequent felony or violent misdemeanor convictions, is developing skills to become a contributing community member, and that expungement is not contrary to public safety.
Several serious offenses cannot be expunged under § 20-525A regardless of age at adjudication: murder, rape (excluding statutory rape), kidnapping, arson, armed robbery, aggravated battery, assault with intent to commit a serious felony, sexual exploitation of a child, ritualized abuse of a child, and drug trafficking near school property, among others. The court maintains a confidential special index of expungement proceedings accessible only by court order. Citations: Idaho Code § 20-525A (Idaho Legislature, legislature.idaho.gov).
How to Start the Process in Idaho
For a § 19-2604 set-aside, the petition is filed in the district or magistrate court where the original conviction was entered. The petitioner must show that no probation violation was found or admitted, or that a drug court or mental health court program was successfully completed. The application may be filed while probation is still running, and the same order can terminate probation if the court is satisfied there is no longer cause to continue it. Filing fees vary by court and case type; contact the clerk of the originating court for the current schedule and available motion forms.
For Clean Slate record shielding under § 67-3004(11), the petition is filed in the court where the original case was handled. The Idaho Supreme Court provides instructions and forms at isc.idaho.gov/Clean-Slate-Act.
For no-conviction record sealing under § 67-3004(10), the written request goes to the Idaho State Police Bureau of Criminal Identification. The ISP's Bureau of Criminal Identification handles background check records; their contact information is available at isp.idaho.gov. The request should identify the arrest date, case number, and outcome (acquittal or dismissal).
For juvenile expungement under § 20-525A, the petition is filed in the juvenile court that handled the original adjudication. A hearing date will be set and the prosecuting attorney will be notified.
In all cases, consultation with a licensed Idaho attorney is advisable. The Idaho State Bar's lawyer referral service is available at isb.idaho.gov.
Disclaimer: This article provides general legal information about Idaho record relief statutes as of May 29, 2026. It is not legal advice and does not create an attorney-client relationship. Laws change and individual circumstances vary. Consult a licensed Idaho attorney before making decisions about your specific situation.
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RecordingLaw.com provides general legal information, not legal advice. Laws change; verify current statutes and consult a licensed Idaho attorney for guidance on your situation.
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Frequently Asked Questions
Does Idaho have expungement?
Idaho does not have a general expungement law for adult criminal convictions. Adults may petition for a conviction set-aside under Idaho Code § 19-2604 if no probation violation was found or admitted, but that process does not seal or destroy the underlying record. The Clean Slate Act (§ 67-3004(11)) allows qualifying non-violent misdemeanor and certain felony drug-possession convictions to be shielded from public view after five years. True record sealing exists only for people who were arrested but not convicted, under Idaho Code § 67-3004(10).
What is an Idaho set-aside conviction?
A set-aside under Idaho Code § 19-2604 is a court order that terminates a sentence, dismisses the case, and restores the defendant's civil rights when the court is satisfied that no probation violation was found or admitted. The application may be filed while the defendant is still on probation, and the court's order can terminate probation at the same time. It is not an expungement. The original charge, conviction, and the dismissal notation all remain visible in public court records and on most background checks.
What does Idaho Code 19-2604 do?
Idaho Code § 19-2604 authorizes a court to set aside a guilty plea or conviction, dismiss the case, and discharge the defendant where no probation violation was found or admitted, or where the defendant successfully completed drug court or mental health court. It restores civil rights including voting rights. It does not seal, expunge, or remove the record of the case from public access. Sex offender registration offenses are excluded from this relief.
How do you clear your record in Idaho?
For adults, the main options are a § 19-2604 set-aside (if no probation violation was found or admitted, and you may apply while probation is still running), a Clean Slate petition under § 67-3004(11) (for qualifying misdemeanors and certain felony drug-possession convictions, after five years), or a no-conviction record seal under § 67-3004(10) (if you were acquitted or charges were dropped). None of these remove the record from all sources or provide a true expungement for most conviction types. For juvenile adjudications, § 20-525A provides a genuine sealing process with a court hearing.
How long does an Idaho set-aside take?
There is no statutory waiting period, and an application may be filed while the defendant is still on probation, because § 19-2604(1)(b) asks the court whether there is still cause to continue probation at the time of the application. Processing times vary by court and caseload. Plan for several weeks to a few months from filing to a court ruling, depending on the court's schedule and whether a hearing is required.
Can a felony be expunged in Idaho?
Idaho has no felony expungement law. A felony conviction may be addressed through a § 19-2604 set-aside if the defendant had a suspended sentence or withheld judgment and no probation violation was found or admitted. In some cases the felony can be reduced to a misdemeanor under § 19-2604(3). Felony drug-possession convictions under § 37-2732(a), (c), or (e) may also qualify for Clean Slate shielding after five years. None of these outcomes seals or destroys the public record of the case in the same way a true expungement would.
Who does not qualify for an Idaho set-aside?
Anyone convicted of a sex offense requiring registration under Idaho Code § 18-8304 is categorically excluded from § 19-2604 relief. People who had a court finding or admitted a probation violation are also ineligible. Defendants who served a straight jail or prison sentence without a suspended sentence or withheld judgment generally do not qualify either.
Can you get a juvenile record expunged in Idaho?
Yes. Idaho Code § 20-525A provides a court-supervised expungement process for juvenile adjudications. Waiting periods are one year for adjudications involving misdemeanor or status offenses only with no commitment to juvenile corrections, one year for diversions, and three years for felony-level adjudications, with an age-18 minimum in all cases. The one-year track has no violence screen of its own; the statute's violence-related limits are the list of offenses that can never be expunged and the requirement of no later felony or violent-misdemeanor conviction. Serious offenses including murder, rape, kidnapping, armed robbery, and arson cannot be expunged under this statute.
What is Idaho's Clean Slate Act?
Idaho's Clean Slate Act, codified at Idaho Code § 67-3004(11) and effective January 1, 2024, allows adults convicted of qualifying non-violent misdemeanors or certain felony drug-possession offenses to petition a court to shield the record from public view. The waiting period is five years after completing the full sentence. Shielding does not destroy records but makes them unavailable to the public. Under § 67-3004(11)(k) only one petition may be granted in a person's lifetime, and it covers one eligible crime, or more than one eligible crime if they were committed in a single incident or transaction. There is no second petition for a different conviction later.
Updates
Corrected three Idaho eligibility statements after re-reading the statutes: Clean Slate shielding is limited to one petition per lifetime (not one offense per petition), a Section 19-2604 set-aside may be applied for while probation is still running rather than only after it is completed, and the one-year juvenile expungement track under Section 20-525A(2) is not restricted to non-violent misdemeanors.
Corrected this page's description of the Clean Slate Act's DUI exclusion: only "excessive DUI" (a BAC of 0.20 percent or higher, Idaho Code § 18-8004C) is barred from Clean Slate shielding, not standard DUI convictions generally.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Idaho Code
§ 19-2604Discharge of defendant — Amendment of judgmentIn force
19-2604. Discharge of defendant — Amendment of judgment. (1) (a) Application for relief under this subsection may be made by the following persons who have pled guilty to or been found guilty of a crime: (i) A defendant whose sentence has been suspended or who has received a withheld judgment; (ii)…
Official text (excerpt) · last checked 2026-09-01 · Read the full text in our law library · Verify at legislature.idaho.gov
Cited in 53 court opinions in our collectionLatest citing opinion in our collection: 2025
In the courts (editorial summary, independently checked):State v. Parkinson (2007) held section 19-2604 is not a true expungement statute: dismissal restores civil rights, but a court cannot order the case removed from the NCIC record. State v. Schwartz (2003) held the at-all-times compliance condition fails if the defendant violated an earlier probation period.
Opinions citing this section in our collection:
- State v. Schwartz (Idaho Supreme Court 2003, 139 Idaho 360)✓A man violated his first probation on a felony DUI, served retained jurisdiction, then fully complied with a second probation; the court held section 19-2604(2)'s requirement of compliance at all times covers every probation in the case, so his charge could not be reduced.
- Todd Rich v. State of Idaho (Idaho Supreme Court 2015, 159 Idaho 553)✓A man whose rape conviction was deemed a misdemeanor under section 19-2604(2) sought a declaration that his firearm rights were restored; the court affirmed dismissal without reaching that effect, since he never challenged the holding that only the pardons commission restores it.
- State v. Parkinson (Idaho Supreme Court 2007, 144 Idaho 825)✓A man whose lewd conduct charge was dismissed after probation asked a court to strike the conviction from the FBI's NCIC database; the court held section 19-2604 allows dismissal and restores civil rights but gives no authority to eliminate every reference to the case.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 67-3004Fingerprinting and identification — shielding of records from disclosureIn forcecited in 3 of our articles
67-3004. Fingerprinting and identification — shielding of records from disclosure. (1) The bureau shall: (a) Obtain and file fingerprints, physical descriptions and any other available identifying data on persons who have been arrested or served a criminal summons in this state for a retainable…
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.idaho.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- State v. Oldenburg (Idaho Supreme Court 2023, 538 P.3d 1054)“…district court to seal the criminal court file pursuant to Idaho Code section 67-3004(10). The State did not contest the moti…”
- State v. McDay (Idaho Supreme Court 2018, 164 Idaho 526)“…y's request because his criminal cases were "dismissed" and Idaho Code section 67-3004(10) required that he be "acquitted." In…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Idaho Biometric Privacy Laws: Collection, Consent & Penalties (2026), Idaho Court Records: How to Search the iCourt Portal and How Sealing Works
§ 20-525aExpungement of record — Hearing — Findings necessary — Special index — Effect of orderIn force
20-525A. Expungement of record — Hearing — Findings necessary — Special index — Effect of order. (1) Any person who has been adjudicated in a case under this act and found to be within the purview of the act for having committed a felony offense or having been committed to the department of…
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.idaho.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2013
Opinions citing this section in our collection:
- State v. John Doe (2012-07) (Idaho Court of Appeals 2013, 155 Idaho 99)“…3 A. Idaho Code § 20-525A Doe claims the JCA’s statutory s…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 18-8304Application of chapter — rulemaking authorityIn forcecited in 4 of our articles
18-8304. Application of chapter — rulemaking authority. (1) The provisions of this chapter shall apply to any person who: (a) On or after July 1, 1993, is convicted of the crime, or an attempt, a solicitation, or a conspiracy to commit a crime provided for in section 18-909 (assault with intent to…
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.idaho.gov
Cited in 29 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State v. Zichko (Idaho Supreme Court 1996, 129 Idaho 259)“…304(1) OF THE IDAHO CODE IS NOT UNCONSTITUTIONALLY VAGUE. Idaho Code section 18-8304(1) provides as follows: Any person wh…”
- State v. Yeoman (Idaho Supreme Court 2010, 149 Idaho 505)“…007, he moved to Idaho, but did not register as required by Idaho Code § 18-8304(1)(c). On February 22, 2008, the State…”
- State v. Dickerson (Idaho Court of Appeals 2006, 142 Idaho 514)“…ves the interpretation and the constitutionality of former Idaho Code § 18-8304 , a component of the Sex Offender Regis…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Idaho Voyeurism Laws: Hidden Cameras, Privacy Violations, and Penalties (2026), Idaho Sexting Laws: Legal Consequences and Penalties, Idaho Surveillance Camera Laws (2026 Guide)
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Sources and References
- Idaho Code § 19-2604 — Discharge of Defendant; Amendment of Judgment(legislature.idaho.gov)
- Idaho Code § 67-3004(10) and (11) — Criminal History Records; Expungement and Shielding(legislature.idaho.gov)
- Idaho Code § 20-525A — Expungement of Juvenile Records(legislature.idaho.gov)
- Idaho Code § 18-8304 — Sex Offender Registration Offenses(legislature.idaho.gov)
- Idaho Supreme Court — Clean Slate Act Resources(isc.idaho.gov)
- Idaho Code 20-525A(2), (5), (6) - Juvenile Record Expungement: Waiting Periods and Excluded Offenses(legislature.idaho.gov)