1. What is an expungement?
The process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges.
2. Do the records just "disappear"?
No. The records cannot be accessed for general law enforcement or civil use. Upon order of the court to expunge DNA records, the Idaho state police shall destroy the DNA sample relating to the person convicted, unless the police determine that the person has otherwise become obligated to submit to DNA sample and thumbprint impression as a result of a separate conviction The bureau of forensic services is not required to destroy an item of physical evidence obtained from the DNA sample if evidence relating to another person would be destroyed. I.C. § 19-5513.
3. What records may be expunged?
DNA records, fingerprints, photos of juveniles, registration of sexual offenders in a central registry, and criminal history records may be expunged. I.C. § 19-5513, I.C. § 19-2604, I.C. § 20-516, I.C. § 67-3004, § I.C. 18-8310.
4. Who is eligible for an expungement?
1. A person whose case was dismissed and was discharged by the court after completing all terms of their probation. Persons charged with sexual abuse or exploitation or ritual abuse of a minor are not eligible. I.C. § 19-2604.
2. A juvenile taken into custody and photographed and fingerprinted. I.C. § 20-516.
3. Any person who was arrested or served a criminal summons and who was not charged by indictment or information within one year of the arrest or summons and any person who was acquitted of all offenses. I. C. § 67-3004.
4. A person who is granted exemption from registration as a sexual offender. I. C. § 18-8310.
5. A person whose DNA profile has been included in the state database and databank whose conviction upon which the authority for including the DNA profile was based has been reversed and the case dismissed. § 19-5513.
5. How do I get records expunged?
1. Upon petition by the defendant and upon showing that the defendant has at all times complied with the terms and conditions of probation, the court may order expungement, if convinced by the showing made that there is no longer cause for continuing the period of probation, and if it be compatible with the public interest. I.C. § 19-2604.
2. A person not charged by indictment or information within one year of the arrest or summons and any person who was acquitted of all offenses arising from an arrest or criminal summons may have the fingerprint and criminal history record taken in connection with the incident expunged by a written request directed to the department retaining those records. I. C. § 67-3004.
3. In regard to a person who is granted exemption from registration as a sexual offender, with the entry of any order exempting the petitioner from the reporting requirement, the court may further order that any information regarding the petitioner be expunged from the central registry, I. C. § 18-8310.
4. In the case of a DNA profile of a person, the person requesting expungement must send a copy of his request, with proof of service on all parties to the following: the trial court which entered the conviction or rendered disposition in the case; the bureau of forensic services; and the prosecuting attorney of the county in which he was convicted. The court has the discretion to grant or deny the request for expungement. A trial court's denial of a request for expungement is an order not subject to appeal. I.C. §19-5513.
