Expungement Procedure

A person seeking to expunge their criminal history record must: (3-23-22) 01. Application. Submit the proper completed application to the Bureau of Criminal Identification as provided by the Bureau. (3-23-22) 02. Information. Include a copy of one (1) of the following to the Bureau of Criminal Identification: (3-23-22) a. Criminal citation; or (3-23-22) b. Criminal Summons, Complaint, and Affidavit of Service by the county sheriff’s office; or (3-23-22) c. Indictment; or (3-23-22) d. Information. (3-23-22) 03. Certified Copy of Order of Acquittal or Order of Dismissal. (3-23-22) a. Include a certified copy of the order of acquittal; or (7-1-26) b. A certified copy of the dismissal order, showing all charges related to that arrest were dismissed. (7-1-26) 022. (RESERVED). 023. PROCEDURE FOR CONTESTING THE ACCURACY AND COMPLETENESS OF A CRIMINAL HISTORY RECORD CONTAINED IN AGENCY FILE. 01. Challenge Accuracy of Records. A person may challenge the accuracy and correctness of their criminal history records contained in the Bureau’s database. (3-23-22) IDAHO ADMINISTRATIVE CODE IDAPA 11.10.02 Idaho State Police State Criminal History Records & Crime Information Section 031 Page 4 a. The applicant must submit fingerprints to the Bureau of Criminal Identification for comparison. (7-1-26) b. If the applicant’s fingerprints do not match those contained in the Bureau’s database, the applicant will be notified by mail. (7-1-26) c. If the applicant’s fingerprints match, but the applicant has documentation showing the information is in error, the applicant may submit such information to the Bureau of Criminal Identification for correction. (7-1-26) d. The Bureau of Criminal Identification will correct its records per the direction of the law enforcement agency where the initial criminal action arose or appropriate court order. (7-1-26) 024. -- 030. (RESERVED)