Idaho Expungement Lawyers

30 Years of Record-Clearing Experience Serving Kootenai County

A criminal record doesn’t just follow you on paper. Background checks surface in job applications, rental screenings, loan approvals, and college admissions, and a record can disqualify you from firearm ownership and recreational opportunities before you ever get a fair shot. If you’re eligible, Idaho law gives you a path to clear or shield that record and move forward. Walsh & Lewis PLLC helps Coeur d’Alene residents and clients throughout Kootenai County pursue every available pathway, from traditional expungement to the 2024 Clean Slate Act.

If you’re looking for a clean slate, you’ve come to the right place.

How We Help With Idaho Expungement

Our Idaho expungement attorneys bring over 30 years of collective experience helping qualified clients clear their records. We work to reduce old felony charges to misdemeanors, dismiss felony and misdemeanor charges, seal criminal records, restore firearm rights, and expunge juvenile offenses. Throughout Kootenai County, we’ve spent those 30 years staying accessible to clients and focused on helping restore real opportunities. We’re ready to do the same for you.

Call us today at (208) 712-8292 or contact us online to schedule a free consultation. We serve clients throughout Kootenai County, Idaho.

To make an appointment for a free consultation, contact us today at (208) 712-8292. We proudly serve clients in Kootenai County, Idaho.

Expungement Eligibility in Idaho

Expungement is the legal process of destroying or striking records of criminal charges from files, court systems, and databases. Not everyone with a criminal record qualifies, and Idaho law limits eligibility to a specific set of circumstances. Under Idaho Code 67-3004(10), the following individuals are eligible for expungement:

• A juvenile who was taken into custody and photographed and fingerprinted
• Any person who was arrested or served a criminal summons and not charged by indictment or information within one year, or who was acquitted of all offenses
• A person granted exemption from sex offender registration
• A person whose DNA profile was included in the state database and whose underlying conviction was reversed and dismissed
• Juvenile offenders, except those adjudicated for offenses including:
  • Administering poison with intent to kill
  • Armed robbery
  • Arson
  • Assault with intent to commit a serious felony
  • Injury to a child, felony
  • Kidnapping
  • Murder of any degree
  • Rape, excluding statutory rape
  • Sexual exploitation of a child
  • Voluntary manslaughter

Withheld Judgment & Case Dismissal

If you don’t qualify for expungement, two other pathways may still be available. If you pleaded guilty, you can petition for a withheld judgment. If granted, you won’t be formally convicted, though you’ll still face the same penalties. After completing your sentence, including probation, you may petition the court to dismiss the case entirely.

If withheld judgment is denied, case dismissal may still be an option once you complete probation and demonstrate good cause. A dismissal means your record can show a dismissed case rather than a guilty verdict. Note that convicted sex offenders aren’t eligible for expungement. However, certain sex offenders may petition for removal from the state’s sex offender registry after 10 years of lawful conduct.

Idaho Clean Slate Act: Record Shielding Since 2024

For many Kootenai County residents who don’t qualify for traditional expungement, Idaho’s Clean Slate Act opened a separate pathway. House Bill 149 took effect January 1, 2024, and is codified at Idaho Code section 67-3004(11). It allows eligible individuals to shield certain conviction records from the public background checks used by employers, landlords, and educational institutions.

Shielding is not the same as expungement. Expungement erases a record from the court system entirely. Shielding makes the record confidential so it doesn’t appear in public criminal background checks, but the record remains on file and stays accessible to law enforcement and certain court officers. That distinction matters when deciding which pathway applies to your situation.

Eligible Offenses & Requirements

The Act covers non-violent, non-assaultive misdemeanors and felony possession of a controlled substance convictions. Violent, assaultive, and sexual offenses don’t qualify. To be eligible, your sentence must be fully completed, including probation, parole, fines, and restitution, for at least five years before filing. During that period, you must have no new felony or misdemeanor convictions, no probation or parole for a subsequent conviction, no pending criminal charges, and no active restraining orders at the time of filing.

One critical limitation: only one offense, or a set of offenses arising from a single incident or transaction, may be shielded per lifetime. Because you only get one Clean Slate petition, evaluating eligibility carefully before filing is essential. The petition is filed with the court where the original conviction occurred. The Idaho Supreme Court provides official forms and instructions at isc.idaho.gov/Clean-Slate-Act.

Idaho Expungement Process

The petition timeline depends on the nature of your case. If your case was adjudicated and involves a felony or juvenile offense, you may petition for expungement based on the following periods. Once filed, the court can set a hearing date and notify prosecutors, who may testify if they have relevant information.

• Five years from the date of termination of the court’s continuing jurisdiction
• Five years from release from a juvenile corrections center, or after turning 18, whichever occurs last

If you were adjudicated for a misdemeanor or status offense and didn’t serve time in juvenile corrections, you may petition one year after termination of the court’s continuing jurisdiction, or upon turning 18, whichever occurs last. The same one-year rule applies if you completed a diversion or informal adjustment under Idaho Code section 20-511.

Talk to a Coeur d’Alene Expungement Attorney Today

Idaho’s record-clearing laws are complex, and the eligibility windows are easy to miss without experienced legal counsel. If you may qualify for expungement, withheld judgment dismissal, or Clean Slate Act record shielding, acting promptly can help protect your ability to pursue housing, employment, and other opportunities. We evaluate every available pathway, including the 2024 Clean Slate Act, and advise you on the strongest available route for your situation.

Contact us online or call (208) 712-8292 to schedule your free consultation with a Coeur d’Alene expungement lawyer.