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Shielding (clean slate act), withheld judgment, or dismissal and discharge in Idaho

Can I clear my record in Idaho?

Idaho has no automatic record clearing, and most convictions can't be erased.

You have to apply

How did your case end?

Pick the one that matches. We'll show the routes Idaho law offers for it, with the wait and the cost.

Pick an answer above to see your routes, waits and costs.

At a glance

Under the Clean Slate Act, in effect since January 1, 2024, a person can ask a court once in a lifetime to shield one non-violent misdemeanor case or one felony drug possession case from public view, 5 years after finishing the sentence. People who got a withheld judgment or suspended sentence and had no probation violation can ask the court to set aside the guilty plea or conviction and dismiss the case, and some felonies can be reduced to misdemeanors after probation. Arrests that didn't lead to a charge or ended in acquittal or dismissal can be expunged from the Idaho State Police record by written request.1,2,3,4

Checked October 22, 2026 against 27 sources, starting with Idaho law, then by a second reader.

What it's called
Shielding (clean slate act), withheld judgment, or dismissal and discharge1,2,3
Automatic clearing
No, you have to apply1,14,15
DUI or DWI
Sometimes1,10,18
Filing fee
No filing fee1,2,3
Fee waiver
Not confirmed

Sealing

Shielding records from public disclosure (Clean Slate Act)

The court orders all records in the case shielded from disclosure and unavailable for public viewing, and the Idaho State Police then make the investigative reports and fingerprint records unavailable for public viewing. The records are not destroyed. Except in a judicial proceeding, peace officer licensing and the uses listed below, the proceedings are 'deemed never to have occurred, and the petitioner may lawfully reply accordingly to any inquiry' (Idaho Code § 67-3004(11)(d)). The person, law enforcement, prosecutors and court staff can still see the records, and police and prosecutors may use them for investigations, contacting victims, court hearings and sentencing enhancements (§ 67-3004(11)(f), (j); I.C.A.R. 32(j)). Shielding has no effect on the firearm-rights rules in §§ 18-310 and 18-3316 (§ 67-3004(11)(i)).1,2,3

What it's for: One misdemeanor case that isn't on the assaultive or violent list, or one felony drug possession case, 5 years after the sentence is finished.

Who can use it

  • A person arrested for, prosecuted for or convicted of a misdemeanor that is not on the assaultive or violent list (Idaho Code § 67-3004(11)(a)).
  • A person arrested for, prosecuted for or convicted of felony possession of a controlled substance under § 37-2732(a), (c) or (e) (§ 67-3004(11)(a)). The felony possession offenses in § 37-2732 are possession of a schedule I narcotic or a schedule II drug, possession of LSD, and possession of more than 3 ounces of marijuana (§ 37-2732(c)(1)-(2), (e)). Section 37-2732(a) covers manufacture, delivery and possession with intent to manufacture or deliver, and the law doesn't say which of those count as 'felony possession.' No other felonies are eligible.
  • At least 5 years have passed since you completed the sentence, including all ordered probation, parole, fines and restitution (§ 67-3004(11)(c)).
  • From then until the hearing, you have had no new felony or misdemeanor conviction, are not on probation or parole for a later conviction, have no pending misdemeanor or felony case, and have no restraining order against you when you file (§ 67-3004(11)(c)).
  • The judge must also find that you have been held accountable and that shielding would not compromise public safety or the safety of any victims (§ 67-3004(11)(d)).
  • Only one petition can be granted in your lifetime. It covers one eligible crime, or more than one if they came from a single incident or transaction (§ 67-3004(11)(k)).

What doesn't qualify

  • These misdemeanors are excluded: assault, battery, domestic battery, domestic assault, second-degree stalking, violating a protection order or no-contact order, telephone harassment, misdemeanor vehicular manslaughter, excessive DUI (0.20 or more), battery on a law enforcement officer, injury to children, sexual battery and indecent exposure (§ 67-3004(11)(b)).
  • Felonies other than drug possession under § 37-2732(a), (c) or (e).
  • Anyone who has already had a Clean Slate petition granted (§ 67-3004(11)(k)).
  • Shielding can be revoked at sentencing for a later felony conviction, and may be revoked for a later misdemeanor conviction, if the prosecutor asks (§ 67-3004(11)(g)).

How long you have to wait

RecordWaiting period
Eligible misdemeanor5 years after completing the sentence, including probation, parole, fines and restitutionNo new conviction, pending case, probation or parole for a later conviction, or restraining order during the wait and until the hearing (§ 67-3004(11)(c)).
Felony drug possession (§ 37-2732(a), (c) or (e))5 years after completing the sentence, including probation, parole, fines and restitutionSame conditions as for misdemeanors (§ 67-3004(11)(c)).
Eligible arrest or prosecution that did not end in a convictionNot stated in the statuteThe law lets a person who was 'arrested for, prosecuted for, or convicted of' an eligible offense petition (§ 67-3004(11)(a)), but it measures the 5-year wait from completing a sentence (§ 67-3004(11)(c)). No official source says how this applies when there was no sentence. Arrests and cases that ended without a conviction can also be expunged from the State Police record under § 67-3004(10), which has no lifetime limit.

How to apply

  1. Find your case number, the exact charges and statutes, whether each was a misdemeanor or felony, and the dates you finished probation or parole and paid all fines and restitution. Case information is on the iCourt Portal (mycourts.idaho.gov) or from the court clerk.
  2. Fill out the Idaho Supreme Court's Petition to Shield Records from Public Disclosure and check the box that fits your offense.
  3. Sign it and file it with the court in the county where the criminal case was filed, or e-file through iCourt. The petition is filed in the original criminal case (§ 67-3004(11)(e)).
  4. The court sets a hearing and notifies you and the prosecutor; the prosecutor notifies any victims. Go to the hearing ready to show you qualify.
Where to file
The court in the county where the original criminal case was filed, in that same case.
Cost
The Idaho Supreme Court's instructions say there is no filing fee for the petition.
Court hearing
Yes

Official forms

Set-aside

Setting aside a guilty plea or conviction and dismissing the case

The court may end the sentence, set aside the guilty plea or conviction, and 'finally dismiss the case and discharge the defendant.' The dismissal restores the person's civil rights (Idaho Code § 19-2604(1)(b)). It does not erase or seal the record: the Idaho State Police say their expungement process does not apply to a conviction that later got a withheld judgment dismissed under § 19-2604(1), and the court case stays public unless it is shielded or sealed separately. The case can still count as a prior conviction in some situations; for example, a DUI within 10 years counts 'notwithstanding the form of the judgment(s) or withheld judgment(s)' (§ 18-8005).8,9,10

What it's for: Misdemeanor and felony cases where the person got a withheld judgment, a suspended sentence or probation and had no probation violation.

Who can use it

  • You received a withheld judgment or a suspended sentence (§ 19-2604(1)(a)(i)).
  • In a felony case, your sentence was commuted under § 19-2601(1), or the court did not sentence you to the custody of the Board of Correction (§ 19-2604(1)(a)(ii)-(iii)).
  • You have not been sentenced but graduated from a drug court or mental health court program (§ 19-2604(1)(a)(iv)).
  • In a misdemeanor case, you were not sentenced to county jail, or all or part of the jail sentence was suspended (§ 19-2604(1)(a)(v)).
  • The court never found, and you never admitted, a probation violation (or you graduated from drug court or mental health court with no violation afterward), and the court finds good cause (§ 19-2604(1)(b)).

What doesn't qualify

  • Offenses that require sex offender registration under § 18-8304 can't be dismissed or reduced (§ 19-2604(4)).
  • Anyone the court found, or who admitted, violated probation, unless they later graduated from drug court or mental health court with no further violation (§ 19-2604(1)(b)).

How long you have to wait

RecordWaiting period
Withheld judgment, suspended sentence or probationNo fixed waitYou can apply while on probation; the court must be convinced there is no longer cause to continue probation (§ 19-2604(1)(b)).

How to apply

  1. File an application (motion) under Idaho Code § 19-2604(1) in your criminal case with the court that sentenced you.
  2. Show that no probation violation was found or admitted (or that you graduated from drug court or mental health court) and that there is good cause for the relief.
  3. If the case is dismissed and you also want it hidden from public view, you may separately ask to shield it under the Clean Slate Act if you qualify, or ask the court to seal records under Idaho Court Administrative Rule 32(i).
Where to file
The court that sentenced you, in the original criminal case.
Cost
We did not find a statewide fee for this motion. Ask the clerk of the court that handled your case.

Other relief

Reducing a felony to a misdemeanor

The court amends the judgment from a term in the custody of the Board of Correction to 'confinement in a penal facility' for the days already served, and the conviction is treated as a misdemeanor (Idaho Code § 19-2604(1)-(3)). The record is not erased or sealed. We did not find an official source on whether a felony reduced to a misdemeanor can then be shielded under the Clean Slate Act.8

What it's for: Felony convictions after discharge from probation, or where a prison sentence was suspended during its first 365 days and probation had no violation.

Who can use it

  • After discharge from probation, you may ask the sentencing court to reduce a felony to a misdemeanor (§ 19-2604(3)(a)).
  • If less than 5 years have passed since discharge from probation, the prosecutor must agree (§ 19-2604(3)(b)).
  • If 5 or more years have passed, the prosecutor must agree only for the serious offenses listed below; otherwise the court decides (§ 19-2604(3)(c)).
  • The court must find you have no felony conviction for a crime committed after this one, are not currently charged with any crime, and there is good cause (§ 19-2604(3)(d)).
  • If your prison sentence was suspended during the first 365 days and you were placed on probation with no violation (or graduated from drug court or mental health court), the court may also amend the judgment to a misdemeanor (§ 19-2604(2)). The same reduction is possible in a § 19-2604(1) case.

What doesn't qualify

  • Offenses requiring sex offender registration (§ 19-2604(4)).
  • Without the prosecutor's agreement: assault or battery with intent to commit a serious felony, enticing children, first- or second-degree murder, voluntary manslaughter, assault with intent to commit murder, administering poison with intent to kill, first-degree kidnapping, robbery, drug trafficking, felony threats against state officials, firing at an occupied building or vehicle, cannibalism, using a destructive device or bomb, and attempts, conspiracies or solicitations to commit them (§ 19-2604(3)(c)).

How long you have to wait

RecordWaiting period
Felony, most offenses5 years after discharge from probation (sooner only if the prosecutor agrees)§ 19-2604(3)(b)-(c).
Felony on the serious-offense listAny time after discharge from probation, but only if the prosecutor agrees§ 19-2604(3)(c).

How to apply

  1. File an application under Idaho Code § 19-2604(3) (or § 19-2604(2)) with the court that sentenced you.
  2. If fewer than 5 years have passed since discharge, or your offense is on the serious-offense list, ask the prosecutor to sign a stipulation.
  3. The district court decides whether to grant it.
Where to file
The district court that sentenced you.
Cost
We did not find a statewide fee for this application. Ask the clerk of the sentencing court.

Expungement

Expungement of arrests without a conviction

The Idaho State Police remove the fingerprint and criminal history record of the arrest from the state repository (Idaho Code § 67-3004(10)). The State Police say a dismissed charge otherwise stays on the record with the dismissal noted, and is removed once expungement is approved. The court file is not sealed automatically: the statute says the person 'may have the official court file thereof sealed,' which is done by motion to the court.1,7,9

What it's for: Arrests or summonses with no charge filed within 1 year, acquittals of all charges, and cases where all charges were dismissed.

Who can use it

  • You were arrested or served a criminal summons and no indictment or information was filed within 1 year (§ 67-3004(10)).
  • You were acquitted of all offenses from the arrest or summons (§ 67-3004(10)).
  • All charges were dismissed (§ 67-3004(10)).

What doesn't qualify

  • A dismissal after a guilty plea or finding of guilt under § 19-2604(1), such as a withheld judgment that was later dismissed (§ 67-3004(10); Idaho State Police).
  • Cases where only some charges were dismissed or acquitted; the statute covers acquittal of all offenses or dismissal of all charges.
  • The State Police form says it does not apply to people convicted of a sex offense.

How long you have to wait

RecordWaiting period
Arrest or summons, no charge filed1 year from the arrest or summons§ 67-3004(10).
Acquittal of all charges, or all charges dismissedNone

How to apply

  1. Get a copy of the citation, the criminal complaint and summons, the indictment or the information, plus a certified copy of the court order of acquittal or dismissal.
  2. Fill out the Idaho State Police Expungement Application and mail or fax it with those documents to the ISP Bureau of Criminal Identification, 700 S. Stratford Dr., Ste. 120, Meridian, ID 83642 (fax 208-884-7193). Include a self-addressed stamped envelope if you want notice of the result.
  3. To have the court file sealed too, file a motion in the criminal case under Idaho Court Administrative Rule 32(i). The judge must find a reason listed in the rule, such as that the records could reasonably result in economic or financial harm to you.
Where to file
Idaho State Police, Bureau of Criminal Identification (for the state record); the court that handled the case (for sealing the court file).
Cost
The State Police application and web page list no fee. We did not find a fee for a motion to seal the court file.
Court hearing
Sometimes
How long it takes
The State Police ask you to allow 30 days for processing. For a court sealing motion, the court must hold a hearing if a party asks for one, and may hold one on its own (I.C.A.R. 32(i)(2)).

Official forms

Vacating a conviction

Vacating and sealing an underage alcohol violation

The court completely vacates and seals the finding of guilt (Idaho Code § 18-1502(d)(6)).11,12,13

What it's for: A single alcohol violation committed while under 21, such as possession or purchase of alcohol.

Who can use it

  • You were under 21 at the time of the alcohol violation (§ 18-1502(d)).
  • You have been found guilty of only one violation of § 18-1502 or § 23-604 (§ 18-1502(d)(6)).
  • You have no alcohol- or drug-related findings of guilt, in Idaho or any state, within 5 years of committing the violation (§ 18-1502(d)(6)).

What doesn't qualify

  • A second or later underage alcohol violation.
  • Anyone with another alcohol- or drug-related finding of guilt within 5 years of the violation.

How long you have to wait

RecordWaiting period
One underage alcohol violationNot stated in the statuteThe statute looks at alcohol or drug findings within 5 years of the violation but does not say when you may apply. Ask the court.

How to apply

  1. Fill out the Application to Vacate and Seal Alcohol Age Violation from the Idaho Supreme Court website.
  2. File it with the court that handled the case, along with the proposed Order to Vacate and Seal.
Where to file
The court that handled the alcohol violation.
Cost
'No fee shall be charged by the court for this process' (§ 18-1502(d)(6)).

Official forms

Automatic clearing

Idaho does not clear or seal records automatically. Its 'Clean Slate Act' (2023 House Bill 149, Session Law chapter 108, signed March 22, 2023 and in effect January 1, 2024) is a petition process: a person must file, the court holds a hearing, and only one petition can be granted in a lifetime (Idaho Code § 67-3004(11)). Expungement of non-conviction arrests from the State Police record also requires a written request (§ 67-3004(10)). We found no 2025 or 2026 law that adds automatic relief; a 2025 bill on shielded records (House Bill 126) was referred to committee and did not advance.1,14,15,16,17

DUI and DWI records in Idaho

A misdemeanor DUI under Idaho Code § 18-8004 is not on the Clean Slate Act's list of excluded misdemeanors, so it can be shielded from public view once in a lifetime, 5 years after the sentence (including probation, fines and restitution) is finished, if you have no new conviction, pending case or restraining order and the judge finds you have been held accountable and that shielding would not compromise public safety or victims' safety (§ 67-3004(11)). Excessive DUI (alcohol concentration of 0.20 or more, § 18-8004C) and misdemeanor vehicular manslaughter are excluded, and felony DUIs are not eligible because the only felonies covered are drug possession offenses. A DUI with a withheld judgment can be dismissed under § 19-2604(1) after probation without a violation, but it still counts as a prior offense for 10 years 'notwithstanding the form of the judgment(s) or withheld judgment(s)' (§ 18-8005), and a later felony DUI conviction can lead to revocation of shielding (§ 67-3004(11)(g)). We did not confirm how shielding affects Idaho Transportation Department driving records or commercial driver's licenses.1,8,10,18

Arrests and dismissed charges

If no charge was filed within 1 year of an arrest or summons, or you were acquitted of all charges, or all charges were dismissed, you can ask the Idaho State Police in writing to expunge the fingerprint and criminal history record (Idaho Code § 67-3004(10)). Send the ISP Expungement Application with the charging document and a certified acquittal or dismissal order; ISP asks you to allow 30 days. This does not cover a case dismissed after a guilty plea or finding of guilt under § 19-2604(1), such as a withheld judgment. The statute also lets you ask to have the court file sealed, which is done by motion under Idaho Court Administrative Rule 32(i). The Clean Slate Act also names people 'arrested for' or 'prosecuted for' an eligible misdemeanor or felony drug possession (§ 67-3004(11)(a)), but its 5-year wait runs from completing a sentence (§ 67-3004(11)(c)), and no official source says how that applies to a case with no conviction.1,5,7,9

Marijuana records

Idaho has no marijuana-specific sealing or expungement law. Possessing 3 ounces or less of marijuana is a misdemeanor and more than 3 ounces is a felony (Idaho Code § 37-2732(e)). Both can be shielded under the Clean Slate Act, which covers non-assaultive misdemeanors and felony possession under § 37-2732(e), 5 years after the sentence is finished and only once in a lifetime (§ 67-3004(11)). Possession with intent to deliver falls under § 37-2732(a), which the Clean Slate Act names only for 'felony possession'; we did not confirm how courts read that.1,6

What employers can see afterward

After a Clean Slate shielding order, the proceedings are 'deemed never to have occurred, and the petitioner may lawfully reply accordingly to any inquiry,' except in a judicial proceeding, in peace officer licensing, and for the police and prosecutor uses the law allows (Idaho Code § 67-3004(11)(d)). The law does not list other employer exceptions. Without shielding or expungement, Idaho criminal history is generally available: the State Police release records to any person or private entity that applies in writing, though an arrest with no disposition after 12 months goes only to criminal justice agencies, the person, or someone with the person's signed release (§ 67-3008(2)). A dismissal under § 19-2604 restores civil rights but does not remove the case from the State Police record or the public court record. We did not find an Idaho law limiting when private employers may ask about criminal history (a fair-chance or 'ban the box' law).1,9,19

Free help in Idaho

Before you file

  • You can ask a background screening company for the information it has on you, and the CFPB keeps a list of consumer reporting companies, including employment screening companies, with their contact details.23,24,25
  • The FCRA's seven-year limit does not apply to criminal convictions, so under federal law a conviction can show up on a background report no matter how old it is.26,27

This page explains Idaho's rules in general terms from the law and official court sources. It isn't legal advice, and laws change. A legal aid office or the court's self-help center can tell you whether your own record qualifies.

Spot something out of date? Tell us at contact@secondchanceindex.com.

Cite this page

Second Chance Index, "Can I clear my record in Idaho?" https://secondchanceindex.com/record-clearing/idaho, checked October 22, 2026.

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Sources

Each source was opened and checked on October 22, 2026.

  1. Idaho Code § 67-3004(11)
  2. Clean Slate ActIdaho Supreme Court
  3. Instructions for Requesting Shielding of Records from Public Disclosure (01/01/2024)Idaho Supreme Court
  4. Petition to Shield Records from Public Disclosure, I.C. § 67-3004(11)Idaho Supreme Court
  5. Idaho Court Administrative Rule 32(j), Court records shielded from disclosureIdaho Supreme Court
  6. Idaho Code § 37-2732. Prohibited acts A — penaltiesIdaho State Legislature
  7. Criminal History (Expungement Process and FAQs)Idaho State Police, Bureau of Criminal Identification
  8. Idaho Code § 19-2604(1), (4)
  9. Expungement ApplicationIdaho State Police, Bureau of Criminal Identification
  10. Idaho Code § 18-8005. PenaltiesIdaho State Legislature
  11. Idaho Code § 18-1502(d)(6)
  12. Vacate Seal Alcohol FormIdaho Supreme Court
  13. Application to Vacate and Seal Alcohol Age ViolationIdaho Supreme Court
  14. Idaho Court Assistance Office (Clean Slate Act notice: starting Jan. 1, 2024)Idaho Court Assistance Office
  15. House Bill 149 (2023), Criminal history records: Session Law Chapter 108, effective 01/01/2024Idaho State Legislature
  16. House Bill 126 (2025), Criminal history recordsIdaho State Legislature
  17. 2026 LegislationIdaho State Legislature
  18. Idaho Code § 18-8004C. Excessive alcohol concentration — penaltiesIdaho State Legislature
  19. Idaho Code § 67-3008. Release of criminal history record informationIdaho State Legislature
  20. 2025 LegislationIdaho State Legislature
  21. House Bill 777 (2026), Uniform controlled substances: Session Law Chapter 90, effective 07/01/2026Idaho State Legislature
  22. Apply for HelpIdaho Legal Aid Services
  23. List of consumer reporting companiesConsumer Financial Protection Bureau
  24. What Employment Background Screening Companies Need to Know About the Fair Credit Reporting ActFederal Trade Commission
  25. Employer Background Checks and Your RightsFederal Trade Commission
  26. 15 U.S. Code § 1681c - Requirements relating to information contained in consumer reportsLegal Information Institute, Cornell Law School (U.S. Code text)
  27. Advisory Opinion to Nadell (12-10-98)Federal Trade Commission (staff advisory opinion)