How it works in Idaho

The steps

1. Get fingerprinted

   Neither Idaho remedy requires your fingerprints; a fingerprint card is how you order the Idaho State Police's notarized record check in Step 2. Fingerprinting is available at the Idaho State Police headquarters, 700 S. Stratford Dr., Suite 120, Meridian, with no appointment required, and not at its district offices. Outside the Treasure Valley, contact your local law enforcement agency.

   Fingerprint fee: $10.00 — for the first fingerprint card; $5.00 for each additional card; credit or debit adds $1.00 plus 2.5%

2. Request your record

   Complete and submit your application to request an official copy of your criminal history record from the Idaho State Police, Bureau of Criminal Identification. The Bureau offers two checks: a name-based check, which it does not notarize, and a fingerprint-based check, which it notarizes on request and processes free of charge when you are challenging your record; the fee shown is the fingerprint-based check's. For your case number and the exact charges, the court's own instructions point you to its free iCourt Portal.

   Record request fee: $25.00 — $20.00 for a name-based check (not notarized); free when challenging your record

3. Review your record

   Confirm there is no disqualifying information in your history. If there is something incorrect, follow the process to challenge the issue. If everything is accurate, make a copy for your file and keep the original somewhere safe.

4. Request certified documents

   Collect certified copies of relevant documents. For an expungement, the Idaho State Police's application requires a copy of the charging document (a citation; a complaint and summons with proof that the sheriff's office served it; an indictment; or an information) and a certified copy of the court's order of acquittal or order of dismissal from the clerk of the court that handled the case; an application without them is not processed and is returned to you. For shielding, the court's instructions ask for the case number, the exact charges with the statutes you were charged under and whether each was a misdemeanor or a felony, the date you were no longer under probation or parole supervision, and the date your sentence and every condition, fines and restitution included, was completed. If you had probation or parole, had to take classes, had to pay fees, or had any other obligations, you also need certified proof that you completed those requirements. Idaho sets the clerk's copy and certification fees by statute, section 31-3201 — one dollar a page for a copy of any file or record and one dollar more for each certificate and seal — so the Ada County portal's figures apply at the clerk of the district court in any county.

   Cost: $1.00 per page, plus $1.00 per certificate and seal — Idaho Code section 31-3201(1), Clerk of district court — Fees, as the Ada County Clerk's CAR Public Request Form cites it

5. Verify the final documents

   Review each document for accuracy. Confirm each one is certified and clearly shows you completed your obligations. Make copies of every original.

6. Prepare your petition

   Complete the form for your path: the Idaho State Police's Expungement Application for an expungement, or the court's Petition to Shield Records from Public Disclosure for shielding. Note the timing rules under Idaho Stat. § 67-3004. An arrest or summons qualifies for expungement once one year has passed with no indictment or information filed; an acquittal of every offense or a dismissal of all charges has no wait, but a case dismissed after a guilty plea or a finding of guilt under section 19-2604, such as a withheld judgment, does not qualify. A shielding petition can be filed no earlier than five years after you complete your sentence, including all ordered probation, parole, fines and restitution — and only if, in those five years and until the hearing, you have had no new felony or misdemeanor conviction, are not on probation or parole for a new conviction, have no misdemeanor or felony case pending, and have no restraining order in effect when you file.

7. Finalize your petition

   Take the completed petition from Step 6, the documents collected in Step 4, and the background check from Step 2, and put them together in a complete package. Double-check every file in the package is the original and ensure you have a copy of the complete package for your personal file.

8. File your shielding petition

   For shielding, file the petition in your original case: at the county court where it was filed, or online through iCourt. Ask the clerk to date-stamp your copy. There is no filing fee. For an expungement, mail or fax the Idaho State Police's Expungement Application with its documents to the Bureau of Criminal Identification in Meridian (the form gives the address and fax) and allow 30 days; send a self-addressed stamped envelope if you want notice.

9. Work with the court

   After the court confirms it has received your filing, watch for the Notice of Hearing: under Idaho Stat. § 67-3004 the court sets a hearing on every shielding petition and notifies the prosecuting attorney, who gives any identifiable crime victim the notice the Idaho constitution requires, and the court may hear from anyone with relevant information about you. Respond promptly to anything the court asks for. An expungement request to the Idaho State Police has no hearing; allow 30 days for processing.

10. Receive the court's order

    Once the court rules on your petition, it issues a written order either granting or denying the shielding. The court orders shielding only if it finds, after the hearing, that you are eligible, that you have been held accountable, and that shielding your record from disclosure would not compromise public safety or the safety of any victims. Review the order's terms carefully — they spell out which records are covered. Keep a certified copy for your own files. An expungement request is processed by the Idaho State Police with no court ruling; allow 30 days.

11. Verify the record update

    Under Idaho Stat. § 67-3004, once the court orders shielding it makes every record of the case in its custody unavailable for public viewing, keeps a special index of the shielding that stays closed to the public unless a court orders otherwise, and notifies the Idaho State Police and the Idaho Supreme Court. The Idaho State Police then makes the law enforcement investigatory reports and fingerprint records unavailable for public viewing, and the Supreme Court keeps a record of shielded cases searchable by name. You, law enforcement and court officers can still reach the records, and a POST-certified peace officer or a prosecuting attorney has complete access to and use of them. The case is treated as if it never happened, and you may answer that way, except in a judicial proceeding and in peace officer licensing; the shielding does not change the laws on civil rights after a prison term or on possessing a firearm after a felony conviction. A later felony conviction revokes the shielding at the prosecutor's request, and a later misdemeanor conviction may. For an expungement, the Idaho State Police expunges the fingerprint and criminal history record of the arrest on your written request. The law does not direct the arresting agency to change its own records, so ask it what it still holds; if a background-check provider later produces an outdated report, your certified copy of the court's order is your authoritative reference.

If you have to mail anything, remember to keep a copy of whatever you send and to use a method with a tracking number like the USPS Flat Rate Envelope.