Criminal Case Records

Criminal records are the court records people search most and misread most. A charge is an accusation. A docket entry that says "Plea: guilty" next to "Withheld judgment" means something different from "Judgment of conviction." A case that vanished from the portal may have been shielded, sealed, or never filed in that county at all. This lesson walks through each stage of an Idaho case, names the document it produces, and says what the public can see. How the portal works is in lesson 2, the access rule in depth is in lesson 3, and reading a register of actions line by line is in lesson 4.

Felonies, misdemeanors and infractions

Idaho sorts public offenses into three bins, and the bin decides which court hears the case, how long it lasts and what the record will say. Idaho Code 18-111 sets the definitions. A felony is a crime punishable by death or by imprisonment in the state prison. An infraction is "a civil public offense, not constituting a crime," punishable only by a penalty of up to $300, with no jail. Every other crime is a misdemeanor, and 18-113 sets the default misdemeanor penalty at up to six months in county jail, a fine of up to $1,000, or both, unless a specific statute says otherwise.

Type	Idaho definition	Default maximum	Where it is handled	What the record usually shows
Infraction	Civil public offense, not a crime (18-111)	$300 penalty, no jail (18-113A)	Magistrate division	Citation number, offense, plea or payment, penalty
Misdemeanor	Any crime that is not a felony (18-111)	6 months jail and $1,000 fine unless a statute sets more (18-113)	Magistrate division	Complaint or citation, arraignment, plea, sentence, probation, any withheld judgment
Felony	Punishable by death or state prison (18-111)	Set by the statute for each crime	Starts in magistrate division (initial appearance, preliminary hearing), then district court	Complaint, bind-over order, information or indictment, arraignment, plea, sentencing, judgment

Offense levels can shift on the record. Some crimes are "wobblers": 18-111 says that when a crime punishable by state prison can also be punished by a fine or county jail at the court's discretion, it is "deemed a misdemeanor for all purposes" after a judgment imposing something other than prison. The charge reads as a felony; the outcome may make it a misdemeanor. And a felony can later become a misdemeanor on the record. 19-2604(3) lets a person discharged from felony probation ask the court to reduce the conviction to a misdemeanor; if fewer than five years have passed since discharge, the prosecutor must agree, and for a listed set of serious crimes (including murder, voluntary manslaughter, first-degree kidnapping, robbery, trafficking and related attempts, conspiracies and solicitations) the prosecutor must agree no matter how long it has been. So a 2014 felony can legitimately show as a misdemeanor in 2026. Read the whole register of actions before you describe the level of the offense.

The paper trail of an Idaho criminal case

The Idaho Criminal Rules set the stages. Each stage leaves a document or a docket entry, and each has its own public access answer under I.C.A.R. 32.

Starting the case: citation, complaint, warrant or summons

Every criminal case starts with a complaint or an indictment (I.C.R. 3). A complaint is "a written statement of the essential facts constituting the offense charged," sworn before a magistrate or signed by a prosecutor based on a sworn affidavit, which must then be filed. Any misdemeanor can be charged on the Idaho Uniform Citation, the familiar ticket that doubles as summons and complaint (I.C.R. 3.1). The citation form itself is exempt under I.C.A.R. 32(g)(11), though the case and its type are not.

After a complaint, the magistrate may issue an arrest warrant only after finding probable cause, and the rule tells magistrates to prefer a summons (I.C.R. 4). Until a warrant comes back served, the warrant and the affidavit supporting it are exempt: I.C.A.R. 32(g)(3) covers affidavits and sworn testimony supporting a search or arrest warrant "pending the return of the warrant," (g)(4) covers unreturned search warrants and (g)(5) covers unreturned arrest warrants and criminal summonses. Bench warrants, issued after a defendant has already appeared (for a missed hearing, a bail violation or a probation violation), are not covered by that exemption. Law enforcement may release an unreturned arrest warrant at its discretion.

First hours: probable cause, initial appearance and bail

A person arrested without a warrant must get a probable cause determination within 48 hours, counting weekends and holidays; it can be decided on sworn statements without the defendant present (I.C.R. 5(d)). The initial appearance before a magistrate must come within 24 hours of arrest, not counting Saturdays, Sundays and holidays (I.C.R. 5(b)). There the magistrate tells the defendant the charge and the rights involved and sets bail. Felony defendants sign a "Notification of Rights (Felony)" form. In misdemeanor cases the arraignment, the reading of the complaint and the taking of a plea, can happen at this first appearance (I.C.R. 5(h)).

Records worth knowing show up here. Bail amounts and release conditions land in the minutes or an order, which are public under I.C.A.R. 32(d)(5). And in domestic and many violent cases the court may issue a no contact order under Idaho Code 18-920 on a Supreme Court form (I.C.R. 46.2). The order is a court order and is public as such; the person it protects can ask the clerk to modify or end it, and the court must set a hearing within 14 days.

Felony screening: preliminary hearing or grand jury

Unless a grand jury indicts, a defendant charged with a felony by complaint gets a preliminary hearing before a magistrate (I.C.R. 5.1). It must be held within 14 days of the initial appearance if the defendant is in custody and 21 days if not, unless the defendant consents to more time or extraordinary circumstances exist. The magistrate decides only whether there is probable cause; hearsay is allowed for some kinds of evidence, like lab reports and business records. If probable cause is found, or the hearing is waived, the magistrate orders the defendant to answer in district court. If not, the complaint is dismissed and the defendant discharged (5.1(c)). Preliminary hearings are normally open, and recordings and transcripts of open hearings are public under I.C.A.R. 32(d)(6).

Once bound over, the prosecutor has 14 days to file an information in district court (I.C.R. 7(f)). The other route is a grand jury indictment. Grand jury proceedings are secret: jurors and everyone present must keep secret what was said and how each juror voted, and no one may disclose a sealed indictment while it is sealed (I.C.R. 6.3(c) and (d)). I.C.A.R. 32(g)(7) exempts grand jury records and juror identities. All felonies must be prosecuted by indictment or information (I.C.R. 7(a)), and each count must cite the statute the defendant is accused of breaking (7(b)(4)), which makes the charging document the best single place to learn exactly what is alleged.

Arraignment, pleas and plea agreements

In district court the defendant is arraigned on the information or indictment (I.C.R. 10) and pleads guilty or not guilty (I.C.R. 11). Before accepting a guilty plea the record must show it was voluntary, the defendant knew the possible penalties, and the defendant was told about any plea agreement and that the court is not bound by sentencing recommendations (11(c)). Plea agreements must be disclosed "in open court or, on a showing of good cause, in camera" when the plea is offered (11(f)). So the terms of most plea deals appear in the minutes or the hearing recording, and a written plea agreement filed in the case is a public filing unless the court sealed it. A conditional plea, which keeps the right to appeal a specific ruling, has to be in writing (11(a)(2)).

Trial, sentencing and the presentence report

Trials are open. Exhibits are court records too, but until the trial court finally disposes of the case, the public may see an exhibit only with the judge's permission and under the clerk's supervision (I.C.A.R. 32(d)(9)). Jurors' names and questionnaires are exempt unless the judge releases them (32(g)(8)).

Before a felony sentencing the judge usually orders a presentence investigation report. Idaho Criminal Rule 32 lists what it contains: the defendant's version, the officer's version, the victim's version where relevant, criminal record, family and social history, education, employment, finances, health, any substance abuse, mental health, domestic battery or psychosexual evaluations, and the investigator's analysis. If a felony court skips the report, the record must say why. The report goes to the defendant, defense and prosecutor before sentencing. The public does not get it: I.C.A.R. 32(g)(2) exempts it and 32(i)(3)(E) makes it presumptively sealed without any motion. Victims have a right to read it before sentencing under Idaho Code 19-5306(1)(h) and must keep it confidential.

The sentence goes into a judgment. Under I.C.R. 33(b) the judgment of conviction must state the plea, the verdict or findings, the adjudication and sentence with credit for time served, and the terms of probation. That makes the judgment the document to quote when you report an outcome. If the defendant is acquitted or otherwise entitled to discharge, judgment is entered accordingly.

After sentencing: probation, riders, violations and appeals

Under Idaho Code 19-2601 the court may commute a sentence to county jail, suspend it and order probation, withhold judgment and order probation, or sentence the defendant to prison while retaining jurisdiction for up to the first 365 days. That last option is the retained jurisdiction or "rider" program; at the end the court decides whether to put the person on probation. Misdemeanor probation generally may not exceed two years, and felony probation may not exceed the maximum prison term for the crime. The section does not apply to treason or murder.

Probation violations come back to the same case number. A probationer arrested on a violation gets an initial appearance under I.C.R. 5.3, and the bench warrant, the report of violation, the admit or deny hearing and the disposition all show in the register of actions. Appeals from a magistrate's judgment to the district court must be filed within 42 days of the file-stamped judgment (I.C.R. 54). Appeals to the Idaho Supreme Court are in lesson 9.

Stage	Document or entry	Rule	Public?
Ticket	Idaho Uniform Citation	I.C.R. 3.1	Case and charge yes; the citation form itself is exempt (I.C.A.R. 32(g)(11))
Charging	Complaint and supporting affidavit	I.C.R. 3	Yes once filed
Warrant	Arrest or search warrant and probable cause affidavit	I.C.R. 4	Exempt until returned (32(g)(3) to (5)); bench warrants are not covered
First appearance	Minutes, bail order, no contact order	I.C.R. 5, 46, 46.2	Yes
Felony screening	Preliminary hearing recording, bind-over order	I.C.R. 5.1	Yes
Felony screening	Grand jury proceedings and juror identities	I.C.R. 6.3	No (32(g)(7)); a sealed indictment stays secret until unsealed
Formal charge	Information or indictment	I.C.R. 7	Yes once filed and unsealed
Plea	Arraignment minutes, plea, plea agreement	I.C.R. 10, 11	Yes, unless disclosed in camera for good cause or sealed
Trial	Motions, minutes, exhibits, verdict	I.C.A.R. 32(d)	Yes; exhibits need judge's permission before final disposition; juror names exempt
Sentencing	Presentence report and evaluations	I.C.R. 32	No (32(g)(2), (i)(3)(E))
Sentencing	Victim information and restitution sheets	I.C.A.R. 32(g)(17)(F)	No
Outcome	Judgment of conviction, order withholding judgment, dismissal, acquittal	I.C.R. 33	Yes
Afterward	Probation violation papers, 19-2604 motions and orders, shielding orders	I.C.R. 5.3; 19-2604; 67-3004(11)	Yes, unless the case is shielded or sealed

Withheld judgments: the most misread entry in Idaho

Idaho uses withheld judgments often, and they confuse readers because the word "judgment" suggests a conviction was entered. Under 19-2601(3) the court may "withhold judgment on such terms and for such time as it may prescribe" and place the defendant on probation. The guilty plea or verdict is real and stays in the file. What the court holds back is the formal judgment of conviction. I.C.R. 33(d) adds that an order withholding judgment must include the terms of probation.

If the defendant completes probation without a violation found or admitted, 19-2604(1) lets the court, on the defendant's application, set aside the plea or conviction and dismiss the case, which restores civil rights. Some defendants never apply, so a withheld judgment can sit in the file for decades with no dismissal. Others apply, get the dismissal, and the register of actions then shows both the original guilty plea and the later order of dismissal.

Points that keep descriptions honest:

• For the purposes of that chapter, 19-2604(4) says a conviction means the person pleaded or was found guilty, "notwithstanding the form of the judgment or withheld judgment." Other laws, including some licensing rules and federal immigration and firearms law, have their own definitions. Do not declare whether someone "has a conviction" for a given purpose; describe what the record shows.
• The relief in 19-2604(2) and (3) (amending a prison sentence or reducing a felony to a misdemeanor) does not apply to offenses that require sex offender registration, and those judgments cannot be dismissed or reduced under 19-2604 (19-2604(4)).
• A dismissal under 19-2604(1) does not erase the file. The court file remains public unless separately shielded or sealed, and the expungement provision in 67-3004(10) expressly does not apply to a 19-2604(1) dismissal. The Idaho State Police says dismissed charges stay on its criminal history record with the dismissal noted unless expunged.

What the record shows	Accurate plain words	Avoid
Complaint filed, case pending	"was charged with" or "is accused of"	"committed," "is guilty of"
Arrest, no complaint found	"was arrested on suspicion of"; then check whether charges were filed	"was charged with" (until a charge exists)
Bound over after preliminary hearing	"a magistrate found probable cause and sent the case to district court"	"a judge found him guilty"
Guilty plea, withheld judgment	"pleaded guilty and received a withheld judgment with probation"	"was convicted and sentenced to prison"; "got off"
Later 19-2604(1) dismissal	"after probation, the court set aside the guilty plea and dismissed the case"	"the charge was dropped" (that suggests the prosecutor dismissed before any plea)
Prosecutor's dismissal before trial	"prosecutors dismissed the charge"; note whether with or without prejudice if the order says	"was cleared" (unless the order says so)
Jury verdict of not guilty	"was acquitted" or "a jury found him not guilty"	"was found innocent" (a verdict is not guilty, not a finding of innocence)
Felony reduced under 19-2604(3)	"the felony conviction was later reduced to a misdemeanor"	Reporting the felony as current

Three different record systems

People say "criminal record" as if there were one. In Idaho there are at least three, and they disagree often enough that relying on one alone causes mistakes.

	Court records	Law enforcement records	ISP criminal history (BCI)
Who keeps it	Clerk of the district court in each county; statewide case system	Each police department and sheriff's office	Idaho State Police Bureau of Criminal Identification
What is in it	Charges, filings, hearings, pleas, judgments, dismissals	Incident reports, arrest logs, booking records, jail rosters	Arrests reported to ISP with fingerprints, plus dispositions when reported
Rule	I.C.A.R. 32	Idaho Public Records Act, Title 74 (see Sheriffs, Police and Courts)	Idaho Code 67-3008
How to get it	iCourt Portal online; clerk for documents	Records request to the agency	Name-based or fingerprint-based check through ISP
Main gaps	Only cases filed in court; sealed, shielded and exempt items hidden	Arrests that never became charges; investigative files may be exempt	Idaho arrests only; no other states, no FBI data, no federal convictions; an arrest appears only if fingerprints were sent; missing dispositions

What an ISP check contains

The Idaho State Police criminal history page says the repository is built from arrest data reported by Idaho agencies, that an arrest appears only if its fingerprint card was submitted, that it covers Idaho arrests only, that juvenile records are not included unless the juvenile was adjudicated as an adult, and that information stays indefinitely unless a court orders it removed. That last point surprises people: a 1998 arrest with no disposition can still be there.

Idaho Code 67-3008 controls release. A request has to name a specific person with a date of birth, on the department's form. An arrest with no disposition after twelve months may go only to criminal justice agencies, the subject, or a requester with the subject's signed release, and every release must prominently say "AN ARREST WITHOUT DISPOSITION IS NOT AN INDICATION OF GUILT." Anyone who gets the information may not pass it to a non-criminal-justice party without a signed release unless another law allows it (67-3008(6)). As of October 2026, ISP's name-based check form lists a $20 processing fee, an added $1.00 plus 2.5 percent for card payments, mail-in submission to the Meridian headquarters, results by mail only, and a waiver signed within 180 days for old undisposed arrests. ISP warns that a name check relies on the identifiers you supply, so aliases and false birth dates can make it incomplete or wrong.

The practical rule: when an ISP record and a court record disagree, the court record is the official account of what happened in the case. Use ISP to find cases in other counties you did not know to search, then confirm each one in the court file.

Clearing records: expungement and shielding

Expungement for arrests that went nowhere

Under 67-3004(10), a person who was arrested or summoned and not charged by indictment or information within one year, or who was acquitted of all offenses, or whose charges were all dismissed, may ask ISP in writing to expunge the fingerprint and criminal history record and may have the court file sealed. It does not apply to a 19-2604(1) dismissal after a withheld judgment. ISP publishes an expungement application and flow chart on its criminal history page.

Shielding for older, lower-level convictions (2023 law)

The Legislature passed House Bill 149 in 2023; the governor signed it March 22, 2023, it became Session Law Chapter 108, and it took effect January 1, 2024. Its sponsors' earlier draft was introduced as the "Clean Slate Act," and that is how news coverage and many readers still refer to it. It added subsection (11) to 67-3004:

• Eligible: non-assaultive, nonviolent misdemeanors, and felony possession of a controlled substance under 37-2732(a), (c) or (e).
• Excluded: a list of assaultive or violent misdemeanors in 67-3004(11)(b), including assault, battery, domestic battery, second-degree stalking and sexual battery.
• Waiting period: no earlier than five years after completing the sentence, including probation, parole, fines and restitution, with no new convictions, no pending cases, no current probation or parole on a later conviction and no restraining order in effect.
• Standard: the court must find the person eligible, "has been held accountable," and that shielding would not compromise public safety or the safety of any victims.
• Effect: court records are shielded and ISP makes its reports and fingerprint records unavailable to the public. Except for listed purposes, the case is "deemed never to have occurred."
• Limits: one granted petition per lifetime (offenses from a single incident count as one); revoked on a later felony conviction at the prosecutor's request and may be revoked on a later misdemeanor; police and prosecutors keep full access, and the record can still enhance penalties for future crimes.

On the court side, I.C.A.R. 32(j)(1) closes "all court records of the case" once the shielding order is entered, while the defendant, court staff, police and prosecutors keep access. If shielding is revoked, the records reopen. Willfully disclosing or accessing a shielded record without authorization may be treated as contempt (32(g)).

The sex offender registry: a separate public record

Idaho's sex offender registry is not a court record and is not in iCourt. It is kept by the Idaho State Police and searchable at the ISP registry site. Idaho Code 18-8323 sets exactly what is public: name and aliases, date of birth, residence and school addresses, physical description, the registering offense and other sex offense convictions, a current photo, and temporary lodging. It forbids disclosing the victim's identity, Social Security numbers, arrests that did not lead to conviction, internet identifiers, passport and immigration information, and anyone related to or associated with the registrant. Where a crime category like incest could identify a victim, the registry lists it under a different statute number (18-8323(4)). Information released may be used "only for the protection of the public," and anyone who passes it on must include the cautionary statement, with penalties for misuse in 18-8326. Those limits are a good model for how to handle registry data in any publication.

Federal criminal cases in Idaho, briefly

Federal crimes are prosecuted in the U.S. District Court for the District of Idaho and show in PACER, not iCourt (lesson 8). The records follow a similar path with federal names: complaint, initial appearance, detention hearing, indictment, arraignment, plea agreement, presentence report, judgment. The federal grand jury rule matters most. A magistrate judge may order an indictment kept secret until the defendant is in custody or released pending trial, and while sealed no one may disclose its existence except to execute a warrant (Fed. R. Crim. P. 6(e)(4)). And grand jury records stay sealed as long as needed to protect grand jury secrecy (6(e)(6)). An ISP check will not show federal convictions.

Questions and answers

Can I see the police report in the court file?

Sometimes. A probable cause affidavit often summarizes the police report and becomes public once the warrant is returned or a complaint is filed with it. The full police report is usually not filed; request it from the agency under the Public Records Act, where investigatory exemptions may apply. See Sheriffs, Police and Courts and Exemptions and Redactions.

Why do some old cases show only charges with no outcome?

The portal generally reaches back to 1995, and older entries can be thinner than recent ones. The paper or microfilm file at the clerk's office may have the judgment. Retention schedules in I.C.A.R. 37 and 38 also allow destruction of some older files after set periods, keeping specified core documents.

The jail roster lists a charge the court case does not. Which is right?

Both may be accurate for their moment. Booking charges are what the arresting officer listed. The prosecutor decides what to file, and the court record shows the charges actually brought. Report the filed charges and, if the booking charges matter to the story, say they were the arresting agency's.

Is a plea agreement public?

Its terms are disclosed in open court when the plea is offered unless the court finds good cause to take them in camera (I.C.R. 11(f)). If a written agreement is filed, it is a public filing unless sealed under I.C.A.R. 32(i). Listen to the recording or read the minutes of the plea hearing.

Can I get the recording of a sentencing hearing?

Recordings and transcripts of hearings open to the public are court records under I.C.A.R. 32(d)(6). Ask the clerk how that county provides copies of recordings. A transcript is prepared by a transcriber for a fee; the clerk can tell you how to order one. Rough automated speech-to-text transcripts are exempt unless the court orders otherwise (32(g)(32)).

Do victims' names appear in criminal records?

Often, in charging documents and testimony. The victim information and restitution sheets are exempt (32(g)(17)(F)), the victim's address held by the court is confidential under 19-5306(2), and courts can redact or seal material that might endanger a person's life or safety. Whether to publish a name is an ethical question covered in lesson 7.