Legal Question in Criminal Law in Idaho

Definition of "withheld judgement"

Can you provide a simple definition of a withheld judgement, and what it means in terms of a person's criminal record? For example, if a person pleads guilty to a crime, is granted a withheld judgement pending completion of probation, and then successfully completes probation, what is shown on the person's record with respect to that crime?

My understanding is that the plea is changed to not "not guilty" and the record shows that the person was found innocent. Is this correct?


Asked on 7/08/99, 10:14 am

2 Answers from Attorneys

Henry J. Legere, Jr. Law Office of Henry J. Legere, Jr.

Re: Definition of

it all depends on the language of the particular statute that covers the crime in question. If it is the result of a domestic violence or drug conviction/plea then successful completion mean that the public record is purged and no one outside of law enforcement will have access to the record. A non-public record would be held by the state police as a safeguard that you will not benefit from a second dismissal for the covered offense. The non-public record can not be used to enhance a subsequent conviction since as a matter of law it didn't occur. On some of the more general statutes once the terms of probation are fully complied with the conviction/plea is removed from the public record and the defendant may petition the court for a return of the arrest record and fingerprints to effectively remove it from the non-public record as well. You will need to look at the particular statute under which such relief was granted.

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Answered on 7/10/99, 12:13 pm
Susan Freiman The Legal Clinic

Re: Definition of

It may depend on who is asking for the information about a criminal record. For example, the police could probably always access the details, but a prospective employer or newspaper reporter would have more restricted access.

If you don't have a lawyer, ask the judge what it means - and if the judge is too impatient, try your local public defender or the probation officer.

Good luck -

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Answered on 7/10/99, 12:47 am


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