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Idaho Expungement Laws

There is no way we can escape life without making a few mistakes along the way. These mistakes can be minor like buying the wrong pair of shoes. They could also be more severe, as in getting into trouble with the law. Even if there was an incident in which you were found to be innocent, the mere fact that you were arrested and brought before the Idaho court system means you now have a criminal record. Because matters before the court are public, your arrest record can be accessed by anyone who decides to conduct a search in your name. Whether this is a potential employer, the military or your new girlfriend they will be able to see that you have an arrest record. Explaining what happened is not a conversation anyone likes to have. One option would be to file for an expungement of your arrest and court records. If granted, then no one in the public arena can look up these records. For all practical purposes, it will be as if the incident never occurred.

If you are given an arrest record expungement in Idaho, all of your files will be destroyed including any finger print records, mug shots and court transcripts. Sounds simple, but there are restrictions. When it comes to juvenile offenses, the Idaho courts will be more open to granting an expungement if the crime was a minor one. This means that with convictions of aggravated battery, armed robbery, arson or murder the records won't be expunged. For juveniles, they can apply for an expungement five years after they have finished their probation.

For adults, the quickest way to expungement is if they have been found innocent of the charges or the case was dismissed. If a year has gone by without another incident then they will likely be granted an expungement by the Idaho courts. A person who has been convicted of a single minor offense can also petition for an expungement of their arrest records. However, the standards applied to those cases are much more strident.

A typical Idaho expungement might take anywhere between six to eight months to complete. As with any matter before the courts it is advisable that you obtain qualified legal counsel. Clearing your record is not something to be treated lightly. There are many lawyers who specialize in the area of criminal record expungement and they will be in the best position to advise you on your options.

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