Idaho courts do not have a way to “expunge” or entirely remove a criminal charge from your record like some states do. Nevertheless, Idaho Code 19-2604 does provide a number of post-conviction options to those with charges in Coeur d’Alene, Kootenai County, Idaho.
Dismissal Or Amendment Of A Conviction (Idaho Expungement)
The type of relief available depends on what a person is convicted of. In a nutshell, the Court has the ability to terminate a sentence, set aside a guilty plea, set aside the conviction, or amend a felony to a misdemeanor when certain circumstances exist. So, depending on what you were convicted of, you may have one or more types of relief identified above available to you.
Types Of Charges That Qualify for Conviction Relief
The statute describes 5 circumstances where a person is entitled to a dismissal of a conviction. You may qualify if you: 1) had a suspended sentence or withheld judgment; 2) had a felony that was commuted under I.C. 19-2601; 3) had a felony but the court has not sentenced you to custody of the board of correction; 4) have not been sentenced, but completed drug court or mental health court; 5) had a misdemeanor and were not sentenced to serve a term in the county jail. In order to qualify for relief in one of these circumstances, there must be a showing that the court did not find, or you did not admit to a probation violation. In the event you attended drug or mental health court, you will need to show that you graduated or successfully completed that program.
Is A Dismissal Or Amendment Guaranteed?
A court is not required to dismiss or amend your charge. As the language states, the court “may” provide relief if there is “good cause” for granting the relief. Some factors the court is likely to consider are, will the relief make it easier for you to obtain employment? Have you become a productive member of society? Etc?
Amendment Of More Serious Felony charges
Idaho Courts will provide relief for some more serious felony charges. If five years have not elapsed since the termination of probation, the court may amend the felony to a misdemeanor, but only if the prosecutor stipulates. Some of the most serious felony charges will always require the prosecutor’s stipulation in order for the court to grant relief. Many sexual offenses do not qualify for relief at all.
If you have any further questions regarding your charge and options you may have, feel free to contact our office for a free consultation.
