Treasure Valley Expungement Attorney

Having a criminal conviction looming over your future is intense. Although Idaho heavily regulates the sealing and expungement of criminal records, that doesn’t mean it’s impossible to get a fresh start. Expungement offers a unique chance to break free from past mistakes and step into a future full of new opportunities and hope. With the right legal guidance, you can overcome obstacles, reclaim your life, and work toward the brighter, more secure future you deserve.

If you’re considering expungement or have additional questions, contact Jacques Law Office today. We’re committed to helping you take control of your future and achieve the fresh start you deserve

What Is Expungement and Why Does It Matter? 

Expungement is like hitting the "delete" button on your criminal record. It's a legal process that removes arrest records, conviction information, and even entries on the sex offender registry. This means that, for most purposes, it's like the offense never happened.

Why is this so important?

• Employment: Many employers conduct background checks. A criminal record can significantly limit your job opportunities.
• Housing: Landlords often screen tenants for criminal history. An expunged record can increase your chances of securing housing.
• Education: Some schools and professional licensing boards may deny admission or licenses based on criminal records.
• Personal life: Expungement can help you move forward without the stigma and limitations of a criminal record.

However, not everyone in Idaho qualifies for the expungement process. Idaho has a very strict process that limits the circumstances for expungement. Both juveniles and adults alike are given an opportunity to clear their name of any criminal charges.

Expungement Eligibility in Idaho

Those looking to expunge their criminal record must fall into one of many categories to be considered eligible for expungement. Expungement eligibility differs slightly for juveniles and for adults in Idaho.

For juvenile offenses, if you were photographed and fingerprinted, an expungement would wipe your record. Meaning in the eyes of the legal system, it would be like the crime never happened. However, there are serious exceptions where juvenile records will not be expunged, even as an adult. These include things like: 

• Trying to poison someone with the intent to kill
• Armed robbery
• Arson
• Assault with the intent to commit a serious felony
• Child abuse
• Kidnapping
• Murder
• Rape (except statutory rape)
• Sexually exploiting a child
• Voluntary manslaughter

For adults looking to expunge their criminal record, there are several ways to qualify. You may qualify for expungement if:

• No Charges: If you were arrested or received a summons but weren't formally charged within a year, you might be eligible.
• Found Not Guilty: If you were found not guilty of all charges in a case, you can likely get it expunged.
• Exemption from Sex Offender Registry: If you were granted an exemption from registering as a sex offender, you might be eligible.
• DNA Database Error: If your DNA was in the state database because of a conviction, but that conviction was overturned and the case dismissed, you can likely get your DNA removed and your record expunged.

Expungement laws can be complex and vary by state. It's always best to consult with an attorney to discuss your specific situation and eligibility for expungement.

Idaho’s Expungement Process

The expungement process in Idaho varies depending on a case by case basis. There is no one size fits all approach to having your records expunged. If your case was adjudicated and involves a felony of juvenile offense, you may petition the courts for a record expungement. 

Idaho has strict rules about when you can ask to have your record expunged. Basically, Idaho wants to be sure you’ve had time to show significant growth after serving your time. Typically, Idaho allows for expungement requests:

• Five years after court supervision ends: After a court is done supervising your case, you have to wait five years before you can ask to have the record expunged.
• Five years after release OR turning 18 (whichever is later): If you were in a juvenile corrections center, you have to wait five years after you're released or until you turn 18, whichever happens last.

Expungement vs. Record Sealing

In Idaho, criminal records are considered public records, meaning criminal offenses are public information for prospective landlords, schools, professional boards, and employers. This information could derail your life, even if you’ve already served your time. 

By undergoing the expungement process, your criminal offense will be effectively wiped from your individual case file. This means that in the eyes of the law, the offense never happened. The existence of your criminal record will be gone, allowing you more opportunities to secure employment, further your education, and find suitable housing.

Sealing your records is a bit different from expungement. The sealing of your criminal records in Idaho will not clear you of the crime, but instead will make your record unviewable to the public. When asking a judge to seal your records, they will consider the following: 

• False or harmful information: Does the record contain information that could damage your reputation unfairly?
• Financial or safety risks: Could making the record public cause financial problems, security breaches, or put someone involved in the case at risk?
• Private information: Does the record contain very personal information that would be offensive if made public?
• Fair trial: Would keeping the record sealed help ensure a fair trial for someone involved?
• Danger: Does the record contain information that could put someone in danger?

If the judge agrees with your reasons, they will issue a court order to seal your record. This means it won't be accessible to the public anymore. However, sealed records may still be available under certain circumstances, such as court orders.

The Benefits of Clearing Your Criminal Record

Clearing your criminal record offers a powerful opportunity to reclaim your life and unlock new possibilities. With an expungement, you can pursue better employment opportunities, access safe and reliable housing, and further your education without the lingering stigma of a past conviction holding you back. The removal of your record means you’re no longer limited by a momentary mistake, allowing you to fully focus on building a brighter and more secure future. Whether it’s gaining the trust of a potential employer or being approved for the home of your dreams, expungement can truly provide the clean slate you need to move forward with confidence.

Why Choose Jacques Law Office for Your Expungement?

Choosing Jacques Law Office for your expungement means partnering with a team that truly understands the impact a criminal record can have on your life. With extensive experience in Idaho's complex expungement laws, we are dedicated to providing you with personalized guidance tailored to your unique situation. We believe everyone deserves a chance to start anew, and we’re here to help you do just that. Take the first step toward reclaiming your future, contact Jacques Law Office today and begin your journey toward a fresh start with confidence.

FAQs about Expungement in Treasure Valley, Idaho

What is the cost of expungement?

The cost of expungement can vary depending on the complexity of your case, court filing fees, and whether you choose to hire an attorney. While some may attempt to handle the process on their own, investing in legal representation ensures that your case is completed accurately and efficiently, potentially saving you time and effort in the long run. At Jacques Law Office, we provide a clear breakdown of fees during your initial consultation, so you know exactly what to expect.

How long does expungement take?

The timeline for expungement varies depending on the complexity of the case and the type of offense. On average, it may take several months to complete. Factors like waiting periods after court supervision or meeting specific eligibility requirements can also affect the time frame. An experienced attorney can guide you through the process and provide a clearer timeline based on your situation.

What types of offenses can be expunged?

The types of offenses that can be expunged in Idaho depend on whether the case involves a juvenile or an adult. For juveniles, typical offenses (aside from serious crimes like armed robbery or murder) are generally eligible once specific conditions are met. For adults, offenses such as charges that were never filed, cases with not guilty verdicts, or errors in DNA-based records may qualify. Other factors impacting eligibility include the nature of the crime, its severity, and Idaho’s strict guidelines for expungement.

Will an expunged record show up in a background check?

No, once your record is successfully expunged, it is no longer accessible to standard background checks conducted by employers, landlords, or schools. It’s as if the offense never occurred, offering you the clean slate you deserve.

Can I expunge multiple offenses?

Yes, it is possible to expunge multiple offenses, provided that each offense meets Idaho’s strict eligibility requirements. However, each case is evaluated individually, and the expungement process must be completed for each offense separately. Having an experienced attorney by your side ensures that every qualifying offense is reviewed and addressed appropriately.

Do I need an attorney to file for expungement?

While you aren’t required to have an attorney, Idaho’s strict guidelines and complex expungement laws make legal representation highly recommended. An attorney helps ensure your case is handled properly and improves your chances of success by navigating the legal process on your behalf.