A Clean Slate for 2024
While this jurisdiction has been in the works for several years now, Idaho’s Clean Slate Act finally went into effect January 1, 2024. Here is everything you need to know about this potentially life-changing bill.
What is the Clean Slate Act?
For convicted criminals in Idaho, this new bill could make it possible, for the first time, to apply for jobs, housing, and loans without having to disclose their criminal record. This new law will allow for the sealing or expungement of certain criminal records if you completed your sentence more than 5 years ago.
Qualifications and Requirements
If you’ve got a past in Idaho that’s been haunting you, this could spell good news for you. If it has been more than 5 years since you completed your sentence, including serving probation, parole, paying fines, and restitution, you can take steps to shield those records from public view.
However, keep in mind that only one offense, or offenses tied to a single incident or transaction, can be shielded. It’s a chance for a fresh start and a clean slate. It should also be noted that only non-violent, non-assaultive offenses will be eligible for the Clean Slate Act.
What Does It Mean to Have Your Record Sealed?
In the legal realm, when a criminal record is “sealed,” it essentially disappears from public view. This means it’s off-limits to the general public, landlords, schools, licensing boards, and the majority of employers. Unless an employer utilizes FBI background checks, they won’t have access to sealed criminal records.
This new law offers a significant step towards privacy and a chance for a fresh start without the shadow of past mistakes.
The Benefits of Record Sealing
Having your criminal record sealed opens doors that were previously closed. It won’t hinder your chances of landing state or local public jobs, securing housing, or obtaining specific professional licenses like those for medical or legal professions. When filling out applications for these opportunities, you’ll often find guidance stating that if your record is sealed, you can respond to questions as if you have no record at all.
The beauty of sealing your criminal record lies in its simplicity compared to expungement, offering similar protections. As long as your offense qualifies for sealing and you’ve met the waiting period or can show good cause, you have a good chance of your request being accepted.
That being said, while the Clean Slate Act has simplified the process, it is still best to seek legal counsel if you are considering petitioning to have your criminal record sealed.
Records Sealed Versus Expungement
When you opt to expunge a record, it is a complete wipeout. Everything related to that record – police reports, court documents, probation records, and any data in state databases – is permanently erased.
While expungement offers a more thorough solution than sealing, it’s also significantly more challenging to achieve. It’s reserved for very specific and limited circumstances, meaning the majority of individuals won’t qualify for it.
On the other hand, when you seal a criminal record, the information remains intact in various databases. However, when inquiries arise from parties like employers or landlords, they’re simply informed that you have “No Record,” without delving into the specifics.
How to Go About Getting Your Records Sealed
To shield your records in Idaho, you will need to gather the case number, details of charges and sentencing, and probation/parole end date. After doing this, you can retrieve the case number from the court or the iCourt Portal.
If you are unsure about eligibility, it would be best to consult an attorney as only one Clean Slate Act shielding is permitted per lifetime.
If you are eligible then you can file a petition with the court, sign, and date it, being sure to keep a copy for your own records. You must file at the county court where the case originated, but online filing is an option as well. You will be required to attend the hearing once it is scheduled, with notification provided by the court. You can then monitor your case status via the iCourt Portal for any updates.
The Importance of Choosing the Right Attorney
Choosing the right attorney can make a world of difference in your legal journey. A skilled and experienced criminal defense attorney not only possesses the knowledge of the law but also understands the intricacies of your specific case. They can provide invaluable guidance, strategize effectively, and advocate fiercely on your behalf.
A good attorney is not just a legal representative but also a trusted advisor who can offer support during what might be a challenging time. With the right attorney by your side, you can navigate the legal system with confidence.
At Jacques Law, we proudly represent individual’s ready for their fresh start. Society may judge you for your past but we never will. With compassion and professionalism, we are ready and able to guide you through the complex process of having your record sealed once and for all.
