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Legislators in Idaho voted in favor of a Clean Slate Act that created expunction opportunities for thousands of residents.

About The Act

In 2023, Idaho’s House Of Representatives approved House Bill 149 (HB149), a Clean Slate Act that established allowances for residents to have certain types of criminal records expunged. The law says that a person who is: “arrested for, prosecuted for, or convicted of a misdemeanor that is not an assaultive or violent misdemeanor, or convicted of felony possession of a controlled substance in this state may petition the court to have the person's record be shielded from disclosure in accordance with rules adopted by the Idaho supreme court and within the capabilities of its record-keeping system.”

When someone files a request for an expunction, the court will schedule a hearing and inform the prosecuting attorney, who will further inform any “readily identifiable crime victim.” The court may opt to allow such a person to attend and offer relevant information about the case.

HB149 went into effect on January 1, 2024. Learn more.

Eligibility

To be eligible to have criminal records expunged, the petitioner must have completed their sentence, including probation, parole, fines and restitution, at least five years prior and not incurred any additional convictions. The individual may not be on probation or have cases pending against them.

The courts will only expunge one offense or set of offenses from a single incident or transaction. If a request is granted, the court will order the records to be sealed and therefore unavailable to the public. This means employers may not consider those records when making hiring or other decisions about consumers.

Individuals who wish to request expungement may visit the website of Idaho's Supreme Court.

Violent Offenses Are Not Eligible

HB149 specifies that violent or assaultive convictions may not be expunged. The law defines those records as:

• Assault.
• Battery.
• Stalking in the second degree.
• Violation of a protection order or no contact order.
• Telephone harassment.
• Vehicular manslaughter.
• Excessive driving under the influence.
• Domestic assault.
• Battery upon law enforcement.
• Injury to children.
• Sexual battery.
• Indecent exposure.

Compliance

Employers in Idaho should be aware of this law and understand that they may not consider records that have been expunged. To help ensure compliance, businesses may opt to work with a Consumer Reporting Agency (CRA) that is accredited by the Professional Background Screening Association (PBSA).

To earn accreditation, CRAs must demonstrate that they take reasonable steps to provide accurate, current data in the background checks they produce. These reports help hiring managers make educated decisions, create safe workplaces and follow best practices.

Need Background Checks?

If your organization needs background checks for applicants, contractors, volunteers or employees, please contact us. We are proud to be an accredited CRA with 20+ years of experience as a leader in our industry.

Backgrounds Online is a service-first company that partners with you. Our team can help you customize screening packages based on your particular needs, applicable laws and industry requirements. We are available to assist you Monday through Friday from 5am to 6pm PT.