Boise Expungement Attorneys

Attorney Jared Martens, of Martens Law Office in Boise, assists the firm’s clients in petitions for expungement, dismissal of criminal records and in very limited circumstances complete sealing of criminal records. If you have made a mistake and paid for it, or were a juvenile when convicted, you deserve, at some point, to be allowed to fully participate in society.

Expungement and Dismissal – What Does It Really Do?

Through the process of expungement, all records relating to a person’s arrest, trial or conviction are sealed from public view.  In most cases the current Idaho Code §19-2604 allows for dismissal of a prior conviction. If your records are expunged, sealed or dismissed you can apply for a job or rent an apartment, confident that the prospective employer or landlord will not be able to see your criminal record or at a minimum see a conviction.  Rather, they will see that the case was dismissed by the court.

Who Is Eligible for Expungement or Dismissal?

Many juvenile offenders will be eligible for expungement. Eligibility depends on the nature of the offense, the sentencing and the age of the offender at the time of the offense.

Adults may be eligible for expungement or dismissal after the term of probation is completed. In a case where the offense was a felony such as grand theft, domestic battery, or felony DUI that cannot be expunged, a lawyer may be able to get the court to dismiss the charge or reduce it to a misdemeanor.

It is extremely important that a person convicted of a crime fulfill the requirements of probation. Any admission or finding by the court of a probation violation removes the opportunity for expungement or dismissal.

Are you eligible for Dismissal under Idaho Code §19-2604?

If you currently have a conviction on your record, or if you received a withheld judgment you are likely eligible to have the case dismissed under Idaho Code §19-2604(1).  Eligibility depends on a few key factors.  First, you must have been placed on probation, whether it was for a day or for ten years.  Second, you must have completed probation without ever having admitted to or been found guilty of a probation violation.  Finally, the Court must find it to be in the public interest to dismiss your case.  Generally the Courts find it in the public interest if you completed your probation successfully.

If you were sent to the Idaho State Penitentiary you do not qualify under Idaho Code §19-2604.

If you were convicted of a felony and sent on a RIDER (Retained Jurisdiction) and then placed on probation, with no probation violations during your term of probation, you are eligible to have the charge reduced from a felony to a misdemeanor under Idaho Code §19-2604(2).  You are not eligible for a full dismissal under current Idaho law.

If you were involved with the criminal justice system, and are interested in record sealing, dismissal or expungement, speak to a Boise lawyer at your first opportunity. Martens Law Office has evening appointments available, offers free initial consultations, and accepts credit cards.

If you would like to speak with Mr. Martens, please contact the firm and arrange a free consultation. The firm’s attorney and staff are committed to providing responsive and attentive client service.  Contact us now at (208) 344-0994 or (800) 915-6448