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 two key factors. First, if you were placed on probation you must have completed probation without ever having admitted to or been found guilty of a probation violation. Second, the Court must find there to be “good cause” to dismiss your case. Generally, the Idaho Courts find good cause if you completed your probation successfully or were simply fined.
During the 2014 Idaho Legislative Session, two major amendments were made to Idaho Code 19-2604(1). First, you no longer have to have served a term of probation to have your case dismissed; Second, the court does not have to find dismissal in the “public interest”, rather they need only find “good cause”; and finally clarification to the statute was added directing the Idaho Courts that they have jurisdiction to grant a dismissal or expungement for individuals currently on probation and for individuals who have been off probation for a matter of a few months or multiple years.
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 Jared Martens at your first opportunity. Very few attorneys have developed the experience of Jared B. Martens in the area of Idaho expungements, record sealing, and dismissals. Contact us now at (208) 344-0994 for a consultation.