Full question:
What legal form do i need to get my withheld judgement? I did all i was to do by order of the court. Now i need the withheld judgement so i can get job.
- Category: Criminal
- Subcategory: Sentences
- Date:
- State: Idaho
Answer:
To obtain a withheld judgment, you must have fulfilled all court requirements. It's generally easier to achieve this with a misdemeanor than a felony. When a court withholds judgment and places you on probation under I.C. § 19-2601(3), no sentence is imposed, and no conviction is recorded. However, if you violate probation, the court can revoke it and impose a conviction and sentence (I.C. § 19-2603).
If you have strictly complied with probation terms, the court may set aside your guilty plea and dismiss the case (I.C. § 19-2604(1)). This process aims to provide rehabilitation opportunities and avoid the burden of a criminal record, especially for first offenders.
There are no official forms to request a withheld judgment. The Idaho State Police only remove records for acquittals, not necessarily for withheld judgments. You may need to:
- File a motion or letter in your case number, requesting the court withdraw your guilty plea and dismiss the case, as per I.C. § 19-2601.
- Submit that order to the Idaho State Police and ask them to purge their records, following Idaho statutes, Title 67, Chapter 30, Section 67-3008.
Once a withheld judgment is granted, it will not be accessible to the public, including employers, although an arrest may still show up on background checks.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.