Ending Without A Conviction
Idaho Code § 19-2604 — a withheld judgment, probation kept, the plea set aside and the case dismissed
A defendant who received a withheld judgment or a suspended sentence, a misdemeanor defendant not sentenced to jail, and some felony defendants never sent to prison may apply to the court for relief.
Probation kept. Where the court never found, and the defendant never admitted, a probation violation, or the defendant graduated from drug court or mental health court, the court may set aside the guilty plea or conviction, dismiss the case and discharge the defendant. The dismissal restores the defendant's civil rights.
Felony to misdemeanor. A person convicted of a felony and discharged from probation may ask the sentencing court to reduce it to a misdemeanor. Within five years of the discharge the prosecutor must agree; after five years the prosecutor must agree only for the offenses the section lists.
A conviction for an offense requiring sex offender registration may not be dismissed or reduced under the section. A particular case is a question for a licensed Idaho attorney.
Sources for this section (1)
- Idaho Code § 19-2604 — Discharge of defendant — Amendment of judgment
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Idaho attorney.