Overview Description

A record relating to a misdemeanor that did not result in the juvenile being committed to the department of juvenile corrections can be expunged if the court finds that the petitioner has been held accountable, is developing the life skills necessary to become a contributing member of the community, and that the expungement of the petitioner's record will not compromise public safety. Idaho Code Ann. §§ 20-525A(2), (5).

Ineligible Category or Citation

Certain serious offenses are ineligible for expungement. Idaho Code Ann. § 20-525A(4). Petitioner cannot have been convicted of a felony or misdemeanor wherein violence toward another person was attempted or committed since the termination of the court's jurisdiction or his release from the juvenile correctional center. Idaho Code Ann. § 20-525A(5). Petitioner cannot have any proceeding pending or being instituted against him involving a felony or misdemeanor wherein violence toward another person was attempted or committed. Idaho Code Ann. § 20-525A(5).

Procedure General

The petition must be filed in the county where a disposition was entered under oath and verified by the petitioner. A petition must be filed in each case in which the petitioner seeks to have records expunged. For the specific procedure, see Idaho Juv. R. 28, Idaho Code Ann. §§ 20-525A(1), (5).

 

Fees

There is no statutory language regarding fees.

Effect

The expungement order seals all records in the custody of the court and all such records in the custody of any other agency or officials, including law enforcement investigatory reports and fingerprint records. All references to the matter will be removed from all indexes and from all other records available to the public. Upon the entry of the order, the proceedings in the petitioner's case will be deemed as never to have occurred and the petitioner can properly reply accordingly upon any inquiry in the matter. Idaho Code Ann. § 20-525A(5), Idaho Juv. R. 28(d).

Waiting Periods

The petition can be filed one year from the date of termination of the continuing jurisdiction of the court or after the juvenile reaches age 18, whichever occurs later. Idaho Code Ann. § 20-525A(2).

 

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