Tuesday Tip: Cleaning Up Your Record

Years ago, I began to be contacted by people who were concerned that one or more items in their criminal record were coming back to haunt them, usually in the context of background checks when applying for jobs. 

Cleaning up your record can sometimes be done. If you were under 18 when you committed the offense, and it was charged under the Juvenile Corrections Act (as opposed to being charged as a crime outside that Act), you may be entitled to have your record “expunged.” That means the sentencing judge orders the State of Idaho to use an electronic eraser and make your juvenile record disappear so it cannot be found at all.  

If you have been charged with any crime, and you take the case to a trial, if you are acquitted at the trial, you may also have your record expunged. Anyone falsely accused of a crime does not even want the accusation of that crime to be a matter of public record. In the case of a trial, after you have been booked and fingerprinted for the offense, a request is made to the Idaho State Police records dept. and they expunge records of crimes when there has been an acquittal after trial.

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If you had plead “guilty” to an offense as part of a plea agreement, and the judge had granted a withheld judgment, if you complete your probation without violation, your attorney may apply for your case to be dismissed. Under these circumstances, judges will sometimes allow your attorney to have the record of the dismissed charge sealed, so anyone who checks your record will just find the case sealed and will not have the ability to determine what happened in the case. 

While it is possible to have certain records of offenses sealed, it is very difficult and judges are reluctant to seal records because the American system of justice favors allowing the general public to view records of criminal proceedings. You usually have to demonstrate the financial harm to you, by not having the record sealed, is greater than the harm to the public by allowing you to have the charge kept secret.

On occasion, the official record may reflect an inaccuracy as to what really happened in the proceedings. An attorney should be able to get inaccuracies corrected with little trouble.



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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen work with cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents, serious and disabling accidents, and wrongful death claims. Allen Browning is an attorney who can also help with drunk driving (DUI) , Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.


Attorney Allen Browning can help with all personal injury claims including motor vehicle accidents, serious and disabling accidents, and wrongful death claims.

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