A child’s path to adulthood isn’t always straightforward. Some children make minor mistakes, sometimes leading to more serious problems. In Idaho, young people occasionally find themselves involved in theft or drug offenses. While a conviction can really affect many aspects of their life, it’s important for parents to know that their child’s future isn’t necessarily set in stone. Expungement offers a potential way forward.
Not erasing a criminal record, but hiding it from public view
While expungement doesn’t entirely erase a criminal record, it effectively hides it from public view. This process treats the record as if it never existed, allowing your child to move forward without the burden of a past mistake.
After the expungement or sealing of a juvenile record, your child can legally avoid disclosing it when applying for jobs, college, student loans or housing. This can open doors that might otherwise remain closed, giving your child a genuine second chance at building a successful future.
It’s important to note, however, that some agencies can still access expunged records. These include:
- Law enforcement
- The Idaho Department of Corrections
- Prosecutors
- The military
Despite this limited access, expungement can be a helpful tool for protecting your child’s future opportunities.
Starting the process
If you’re considering expungement for your child’s juvenile record, there are processes and requirements you need to navigate. In Idaho, you can expunge most juvenile convictions, but you can’t for some serious crimes. The timing for filing depends on the nature of the offense:
- For misdemeanors or status offenses: You can file after your child turns 18 or one year after court supervision ends, whichever comes later.
- For felonies or cases involving commitment to the Department of Juvenile Corrections: You must wait five years after release, case termination, or your child’s 18th birthday, whichever is latest.
To start the process, you must file a petition in the county where the criminal charge was brought. For instance, if the offense occurred in Boise, you would file in Ada County. While it’s possible to handle this process on your own, seeking help from a legal professional can be beneficial.