Can charges from my criminal record be erased?
Yes, under the provisions set out in Idaho Code 67-3004(10), any person who was arrested or served a criminal summons and who subsequently was not charged by indictment or information within one (1) year of the arrest or summons and any person who was acquitted of all offenses arising from an arrest or criminal summons, or who has had all charges dismissed, may have the fingerprint and criminal history record taken in connection with the incident expunged pursuant to the person’s written request directed to the department.
What is the process for expunging a charge from my criminal history record?
To take advantage of Idaho Code 67-3004(10), you need only provide arresting agency or court records showing compliance with the statute.
Expungement Flow Chart | Expungement Application
For other questions regarding expungement of records, you will need to contact an attorney or legal advisor.
I have been denied a firearm because of a record in the NICS (National Instant Criminal Background Check System). What do I do?
You will need to submit a request to appeal your denial decision by writing to:
Federal Bureau of Investigation
NICS Section Appeal Services Team, Module A-1
P.O. Box 4278
Clarksburg, WV 26302-9922
Customer Service: 1-877-444-NICS (6427)
Or via e-mail at: email@example.com
Or via fax at: 1-304-625-0535
Will a charge that has been dismissed show on my record?
Yes. A charge that has been dismissed will continue to show on a record with the dismissal action also noted. However, if approval has been made for expungement, it will be removed.
How long will information stay on my criminal record?
Information remains in a criminal record indefinitely, unless legal action has been taken by the court for complete removal of data.
Are juvenile criminal histories available?
No. Juvenile records are not included in the Idaho database. However, if a juvenile was adjudicated as an adult, the record of that event would be available.
What is criminal history information?
The criminal history contains information based arrest data reported to BCI from Idaho criminal justice agencies. Note: If an arrest fingerprint card is not submitted, the information on an arrest will not be present on an Idaho criminal history. In some instances, a record of arrest may be found at the local level, but not within the state criminal history. The Idaho criminal history database contains information on Idaho arrests only, and does not include other state’s records, FBI records, or subjects convicted in federal court.
What if the record has charges that do not belong to me?
All arrest events in the Idaho database are supported by fingerprints. If a person disputes the accuracy of the information obtained in a background check, the person may request a certified copy of his or her record by following the instructions in the Fingerprint Based Check. When challenging a record, the fingerprint based check is processed free of charge. After reviewing the record the individual may supply supplemental information from the arresting agency or court. All information provided will be reviewed and entered into the record, if needed.
Can a local law enforcement agency do a statewide criminal records check for the public?
No. Only BCI has the authorization to conduct a statewide record check for non-criminal justice licensure or employment screening purposes. A local law enforcement agency may do a check of their records only.