Can a DUI be expunged in Idaho?
Idaho allows a DUI conviction to be cleared by shielding of records from disclosure after 5 years from completion of the sentence, on conditions the statute sets. By petition only.
A DUI conviction is the offence most often written out of a state's expungement law. Where relief exists at all it usually arrives with a waiting period, a one-time limit and a list of disqualifiers, and clearing the court record is not the same as clearing the record the licensing agency keeps. The rules below are Idaho's own, each quoted from the statute or the agency that holds the record.
Also called: Clean Slate Act; expungement (for arrests that did not lead to a conviction); dismissal and discharge under Idaho Code § 19-2604.
Whether a DUI can be cleared at all
| What the relief is called | shielding of records from disclosure |
|---|---|
| A DUI conviction | Can be cleared, on conditions |
| Waiting period | 5 years from completion of the sentence |
| How it is obtained | By petition only |
Idaho Code § 67-3004(11)(a) lets a person convicted of a misdemeanor that is not one of the assaultive or violent misdemeanors listed in paragraph (b) petition the court to shield the record from disclosure. That list excludes excessive driving under the influence under Idaho Code § 18-8004C but does not list a standard misdemeanor driving-under-the-influence conviction. The petition may be filed no earlier than five years after the sentence is complete, and only one petition may be granted in a lifetime.
“any person arrested for, prosecuted for, or convicted of a misdemeanor that is not an assaultive or violent misdemeanor listed in paragraph (b) of this subsection ... may petition the court to have the person's record be shielded from disclosure”
The driving record is a separate record
This is the part most summaries leave out. A court can seal or expunge the criminal case and the licensing agency can still keep the DUI on the driver record, where it reaches insurers and counts as a prior offence if there is a second one.
Not addressed on the official pages read. A shielding order reaches the court file and the Idaho State Police investigatory reports and fingerprint records. Idaho Code § 67-3004(11)(j) preserves complete access to shielded records for peace officers and prosecuting attorneys, including for enhancements. Nothing in the section mentions the driver licence record, and the Transportation Department's driver records page does not state how long a driving-under-the-influence entry stays on that record or whether a shielding order affects it.
“a POST-certified peace officer or prosecuting attorney shall have complete access to and use of all records shielded from disclosure pursuant to this subsection for purposes including but not be limited to communicating with crime victims, all in-court purposes and hearings, investigations, and”
What else sits on that record: suspensions and points in Idaho.
How long the wait is, and from when
Idaho Code § 67-3004(11)(c) requires the petition to be filed no earlier than five years after the sentence is complete, counting all ordered probation, parole, fines and restitution. Through that period and until the hearing the petitioner must have no later felony or misdemeanor conviction, must not be on probation or parole for a later conviction, must have no pending cases and no restraining orders in effect. A separate route at Idaho Code § 67-3004(10) covers arrests that were never charged within a year, acquittals and dismissals, with no waiting period, but it expressly does not reach a dismissal granted under Idaho Code § 19-2604(1) after a withheld judgment.
“a petitioner must file a petition to shield records of the conviction no earlier than five (5) years after completing the petitioner's sentence, including all ordered probation, parole, fines, and restitution”
Automatic or by petition
Idaho's Clean Slate Act, at Idaho Code § 67-3004(11) and effective January 1, 2024, works by petition rather than automatically. The court sets a hearing, notifies the prosecuting attorney, and grants the order only if it finds the petitioner has been held accountable and that shielding would not compromise public safety. The Supreme Court states shielding does not destroy records; it makes them not publicly accessible. Only one offence, or one set of offences from a single incident, may be shielded in a lifetime.
“Only one offense, or one set of offenses arising from a single incident or transaction, may be shielded. Shielding records does not result in the destruction of records but instead prevents them from being publicly accessible.”
Where it is filed, and what it costs
| Filed with | the county court where the underlying criminal case was filed |
|---|---|
| Form | Petition to Shield Records from Public Disclosure · isc.idaho.gov |
The Idaho Supreme Court publishes the Petition to Shield Records from Public Disclosure with instructions. The proceeding takes place in the underlying criminal case. On filing, the court sets a hearing date and notifies the prosecuting attorney, who notifies any readily identifiable crime victim. The court may hear testimony from anyone with relevant information about the petitioner. Neither the statute nor the Supreme Court page states a filing fee.
“If you have eligible criminal records in Idaho and it has been at least 5 years since the completion of your sentence, including all ordered probation, parole, fines, and restitution, you can file a request with the court to shield your records from public disclosure.”
Whether a cleared DUI still counts as a prior
Idaho counts a prior driving-under-the-influence finding for ten years regardless of how the case was resolved. Idaho Code § 18-8005 enhances the offence where the person previously pled guilty to or was found guilty of a violation within ten years, notwithstanding the form of the judgment or withheld judgment. Idaho Code § 67-3004(11)(j) also keeps shielded records available to prosecutors for enhancements.
“who previously has been found guilty of or has pled guilty to a violation of the provisions of section 18-8004 (1)(a), (b) or (c), Idaho Code, or any substantially conforming foreign criminal violation within ten (10) years, notwithstanding the form of the judgment(s) or withheld judgment(s)”
The statute: Idaho Code § 67-3004(11)
“Assaultive or violent misdemeanors shall include: ... (viii) Excessive driving under the influence ( 18-8004C , Idaho Code);”
Questions about clearing a DUI in Idaho
- Can an Idaho DUI conviction be shielded under the Clean Slate Act?
- Idaho Code § 67-3004(11)(a) opens shielding to a misdemeanor conviction that is not on the list of assaultive or violent misdemeanors in paragraph (b). That list names excessive driving under the influence under Idaho Code § 18-8004C but not a standard misdemeanor driving-under-the-influence conviction. The petition may be filed no earlier than five years after the sentence, including probation, fines and restitution, is complete.
- Does a withheld judgment on an Idaho DUI get expunged when the case is dismissed?
- Idaho Code § 67-3004(10) allows expungement of the fingerprint and criminal history record where charges were never filed within a year, the person was acquitted, or all charges were dismissed, but it ends with the sentence that the provision does not apply to any dismissal granted under Idaho Code § 19-2604(1) — the dismissal that follows a withheld judgment or suspended sentence.
- Does shielding an Idaho DUI record clear the driving record?
- Idaho Code § 67-3004(11) directs the court file to be shielded and the Idaho State Police to make investigatory reports and fingerprint records unavailable for public viewing. It does not mention the driver licence record, and the Transportation Department's driver records page does not address it. Idaho Code § 67-3004(11)(j) keeps shielded records fully available to prosecutors for enhancements.
Sources
- Idaho Code § 67-3004 — Fingerprinting and identification; shielding of records from disclosure (Idaho Legislature)
- Idaho Code § 19-2604 — Discharge of defendant; amendment of judgment (Idaho Legislature)
- Idaho Code § 18-8005 — Penalties; prior findings of guilt within ten years (Idaho Legislature)
- Idaho Supreme Court — Clean Slate Act (Petition to Shield Records from Public Disclosure)
- Idaho Supreme Court — Petition to Shield Records from Public Disclosure, Idaho Code § 67-3004(11) (form)
- Idaho Transportation Department — Driver Records and Suspensions
Cite this page
Every state page quotes the statute or agency page each value comes from; when citing this page, include the verification date shown above.
WheelsBack. "DUI expungement and record sealing in Idaho." Verified against primary sources August 29, 2026; sources re-checked September 4, 2026. https://wheelsback.com/idaho/dui-expungement/