How do I get a withheld judgment in Idaho for a criminal offense?
Full Question:
Answer:
In order to receive a withheld judgment, you must have complied with all the terms of the court. It is easier to obtain with a misdemeanor offense than with a felony.
When a court enters an order withholding judgment and placing the defendant on probation pursuant to I.C. § 19-2601(3), no sentence is then imposed and no judgment of conviction is entered. State v. Murillo, 135 Idaho 811, 814, 25 P.3d 124, 127 (Ct.App.2001). During the probation term, the trial court may modify the conditions of probation and, if those conditions are violated, may revoke the defendant's probation, enter a judgment of conviction, and impose sentence. I.C. § 19-2603; State v. Branson, 128 Idaho 790, 792, 919 P.2d 319, 321 (1996); Murillo, 135 Idaho at 814, 25 P.3d at 127. If the defendant has strictly complied with the terms of probation, however, the court may set aside the guilty plea and dismiss the case. I.C. § 19-2604(1).1 The purpose of this statutory authority to withhold judgment and ultimately to dismiss the charge is to provide an opportunity for rehabilitation and to spare the defendant, particularly a first offender, the burden of a criminal record. Branson, 128 Idaho at 793, 919 P.2d at 322; Murillo, 135 Idaho at 814, 25 P.3d at 127.
Idaho Code § 19-2604(1) provides:If sentence has been imposed but suspended, or if sentence has been withheld, upon application of the defendant and upon satisfactory showing that the defendant has at all times complied with the terms and conditions upon which he was placed on probation, the court may, if convinced by the showing made that there is no longer cause for continuing the period of probation, and if it be compatible with the public interest, terminate the sentence or set aside the plea of guilty or conviction of the defendant, and finally dismiss the case and discharge the defendant; and this shall apply to the cases in which defendants have been convicted and granted probation by the court before this law goes into effect, as well as to cases which arise thereafter. The final dismissal of the case as herein provided shall have the effect of restoring the defendant to his civil rights.
There are no official forms to request the wittheld judgment. Idaho State Police only have to remove records if there is an acquittal, which may not include a withheld judgment.
You may need to:
1. File a motion/write a letter and file it in your case number, asking the court to withdraw the guilty plea and dismiss the case, pursuant to I.C. § 19-2601.
2. Get that order to Idaho state police and ask them to purge their records, pursuant to the Idano statutes, Title 67, Chapter 30, Section 67-3008.
Once a withheld judgment is granted, the public, including an employer, will not have access to it though an arrest may still appear on a background check.
