In both the state and federal criminal justice systems, criminal records of arrests, convictions, and other proceedings are generally open to the public. There are limited circumstances under which criminal records may be expunged (deleted). And in some circumstances, criminal records that are not eligible for expungement or expunction may be eligible for sealing or nondisclosure—usually by a court order. If a criminal record is sealed, private parties generally cannot release or access the records, but government agencies—including the police, licensing boards, and other agencies—may access the records. Sealed court records may also be admissible in some court proceedings.

Some documents in a criminal record are not ordinarily available to the public—such as unexecuted summonses or warrants; pretrial bail and presentence reports; juvenile records; documents containing information about jurors; and documents such as expenditure records that might reveal the defense strategies of court-appointed lawyers.

And in some circumstances judges have the authority to seal additional documents or to close hearings that would ordinarily be open to the public. Reasons for such actions can include protecting victims and cooperating witnesses or informants from retaliation; avoiding the release of information that might compromise an ongoing criminal investigation or a defendant’s due process rights; and protecting classified information affecting national security.

Federal judges rarely seal criminal arrest or conviction records. And laws regarding the circumstances under which criminal records may be sealed in a state court criminal prosecution vary from state to state. The state laws governing the sealing or nondisclosure of criminal records are usually located in a state’s statutes.

In Idaho, criminal records, which include arrests, convictions, and other proceedings, are generally accessible to the public. However, there are specific instances where these records can be expunged or sealed. Expungement effectively erases the criminal record, while sealing restricts access to the record. When a record is sealed, it is typically hidden from private parties, but may still be accessed by certain government agencies and used in some legal proceedings. Certain records are not publicly available, such as unexecuted warrants, pretrial reports, juvenile records, juror information, and defense strategy documents. Idaho judges also have the discretion to seal additional documents or close hearings to protect individuals, ensure fair proceedings, or safeguard national security. The criteria and procedures for sealing or nondisclosure of criminal records in Idaho are outlined in the state's statutes, and these laws can differ significantly from federal regulations and those of other states. It's important to note that federal judges infrequently seal criminal records, and the process for sealing records at the federal level is distinct from state procedures.