Expunge or vacate a conviction in Idaho.

People will often call and want to know if they can get there conviction expunged or vacated.  An expungement or dismissal of a covniction in Idaho is controlled by Idaho Code § 19-2604.
Our state's expungement law allows a judge to expung a criminal record after the successful completion of probation.  The statute applies to three types of convictions – (1) sentences that have been imposed but suspended, (2) sentences that have been withheld, and (3) sentences where a judge has retained jurisdiction over a defendant who has completed a “rider.” 

A defendant must at all times have complied with the terms and conditions of probation.  If so, a judge may terminate the sentence or set aside the plea of guilty or conviction of the defendant and finally dismiss the case and discharge the defendant.  In the case of a sentence where a rider has been given without a withheld judgment, a judge may amend the judgment to misdemeanor conviction. 

For purposes of this statute, complying with that language means that a defendant must strictly abide by all the terms and conditions agreed upon when placed on probation.  What happens if your probation officer or the state files charges against you for allegedly violating your probation and then dismisses those charges because you’ve cleaned up your act and have become a model probationer?  You are likely not entitled to that conviction being expunged. The Idaho Supreme Court addressed this idea of strict compliance in State v. Thompson when it stated “The phrase ‘at all times’ means just that.  A defendant who has at any time filed to do what he or she was required to do while on probation in a particular case has not at all times complied with the terms and conditions of his or her probation.”  

The second key phrase to keep in mind if you want a complete dismissal of your conviction is “may.”  A judge MAY dismiss your conviction if he or she finds that (1) you’ve at all times abided by the terms and conditions of your probation and (2) it is compatible with the public interest.  Expunging your record will most likely make it easier for you to obtain employment and once again become a productive member of society.  Have you complied completely with your probation?  That’s the question.  

If you want to see if your record can be expunged give us a call.  http://www.eastidahoattorney.com/

Injured in a Car Accident? What should I Do?

Questions? Contact us at http://www.eastidahoattorney.com/


1. Exchange information with the other party. License, registration and insurance information. If you do not you can face criminal penalties for hit and run.
2. You may want to call the police. If the police show up it is good to explain what you remember from the accident. But, you aren't required to speak to a police officer. If you risk saying anything that could incriminate you it is wise to keep silent and "request and attorney".
3. If there are any witnesses, get their information and any statements.
4. Get any pictures. Take out your camera phone and take pictures if you need to for use later.
5. Inform your insurance company. Your insurance company has some duties to you and the sooner you inform them, the easier it will be for them to follow your claim
6. Be very careful with the other driver's insurance company. An insurance company has no reason to try to maximize your claim. Their goal is to help their insured and often they will try to pay as little as they can.
7. Get any necessary medical treatment and keep track of all treatments you have had.
8. It is best to talk to an attorney. Most attorneys for injury claims will meet you without a fee. Insurance companies are very skilled in finding ways to pay as little as possible. But importantly, it is better to get advice, even if an attorney isn't ultimately needed.

Idaho Falls, Pocatello, Traffic Ticket, Speeding? What about my license?

Depending on your insurance, it is possible one traffic ticket could cause your insurance rates to go up.  A driver with too many moving ticket violations, such as speeding, failure to signal, failure to obey traffic signal, or many other types of traffic infractions could lose their license in Idaho.  A traffic ticket in Idaho Falls, Pocatello, Blackfoot, Rigby, Rexburg or surrounding areas should not be ignored.  It is possible to get a traffic ticket dismissed or changed to a non-moving charge which would not have an affect on your license.

Questions? Email or call for a free consultation.  http://www.eastidahoattorney.com/