Crafts Law Inc. May 20, 2021

Expungement is a legal term that simply refers to the obliteration or destruction of past criminal records. In Idaho, you can have your case dismissed based on Idaho Code 19-2604; be sure to hire an expungement Boise lawyer to assist with the forms and processing.

The hope behind expungement is to remove a criminal conviction so your past does not interfere with future prospects of education, housing, and employment, so convicted individuals can plea for post-conviction relief. Otherwise, the Idaho court system makes hiring the right criminal defense lawyer more crucial than ever.

How to Get Your Criminal Record Expunged

In Idaho you may qualify for expungment or have your criminal record cleared if:

  • You were acquited of the charges

  • You were arrested but were not charged within 1 year of your arrest or summons

  • You were granted an exemption from registration requirements

  • Your conviction was reversed and case dismissed after placing your DNA in Idaho's databank storage.

For juvenile criminal records, you qualify to have the records sealed if:

  • You were not found quilty of another crime or committed any voilent acts

  • You completed juvenile probation to the court's request

Sealing Your Criminal Record

Sealing your record accomplishes a similar result to expunging it—your arrest and conviction are hidden from public view. The only primary difference is that sealing a record means it still exists, but it remains hidden. While expunging is only possible when an arrest results in no action or a dismissal or charges, sealing a record is possible when the court “withholds” adjudication. DUI is the only misdemeanor crime in which withholding adjudication is not an option for a judge. As a result, sealing your record after a DUI trial is usually not possible.

However, if a criminal defense attorney is able to lower your charges to “reckless driving,” then withholding adjudication is an option for the judge—making record-sealing possible. Skilled and experienced criminal defense attorneys can help you determine your best options, plus fight for the outcome that protects your interests, whether that’s getting the charges dropped, acquittal, or lowering the charges to wet reckless driving.

Withheld Judgement in Idaho

You get one Withheld Judgment in the state of Idaho. So if you plead guilty to a charge, you can ask the court to grant you a Withheld Judgment. The judge will never actually enter a judgment of conviction against you and the case will remain as if you were convicted. Basically, it's like telling the court, "I made a big mistake, and I will never do it again, but please not let THIS ONE criminal act ruin my life".

Now you still must obey court orders to complete any punishment or probation in the case; however, after you have successfully finished the judge's requests, you can ask to have your case dismissed under Idaho Code 19-2604. The true advantage to a Withheld Judgment is that it allows you to honestly say that you have not been convicted of a crime.

We Have Handled Over 3,000 Cases

With regard to DUI conviction, you truly have only one choice: hire an experienced criminal defense attorney to fight for your rights. Your DUI conviction could remain on your record for 75 years by law, with no possibility of expungement or sealing. The only way to protect your future is to fight for an acquittal, dropped charges, or lowered charges. This is maximized through the power of a trial-tested, seasoned criminal defense lawyer.

At Boise Advocate, P.A., we provide clients with representation that truly cares about their interests. Your case matters as much to us as it does to you—we fight to protect your future and your well-being. We never back down from fighting for your best possible outcome. When you need a strong lawyer in your corner, contact the law firm of Boise Advocate.