2005 Idaho Code - 19-2604 — DISCHARGE OF DEFENDANT -- AMENDMENT OF JUDGMENT

                                  TITLE  19
                              CRIMINAL PROCEDURE
                                  CHAPTER 26
                     SUSPENSION OF JUDGMENT AND SENTENCE
                             AND PAROLE OFFENDERS
    19-2604.  DISCHARGE OF DEFENDANT -- AMENDMENT OF JUDGMENT. (1) If sentence
has been imposed but suspended, or if sentence has been withheld, upon
application of the defendant and upon satisfactory showing that the defendant
has at all times complied with the terms and conditions upon which he was
placed on probation, or has successfully completed and graduated from an
authorized drug court program or mental health court program and has at all
times complied with the terms and conditions of probation during any period of
probation that may have been served following such graduation, the court may,
if convinced by the showing made that there is no longer cause for continuing
the period of probation, and if it be compatible with the public interest,
terminate the sentence or set aside the plea of guilty or conviction of the
defendant, and finally dismiss the case and discharge the defendant; and this
shall apply to the cases in which defendants have been convicted and granted
probation by the court before this law goes into effect, as well as to cases
which arise thereafter. The final dismissal of the case as herein provided
shall have the effect of restoring the defendant to his civil rights.
    (2)  If sentence has been imposed but suspended during the first one
hundred eighty (180) days of a sentence to the custody of the state board of
correction, and the defendant placed upon probation as provided in subsection
4. of section 19-2601, Idaho Code, upon application of the defendant, the
prosecuting attorney, or upon the court's own motion, and upon satisfactory
showing that the defendant has at all times complied with the terms and
conditions of his probation, or has successfully completed and graduated from
an authorized drug court program or mental health court program and has at all
times complied with the terms and conditions of probation during any period of
probation that may have been served following such graduation, the court may
amend the judgment of conviction from a term in the custody of the state board
of correction to "confinement in a penal facility" for the number of days
served prior to suspension, and the amended judgment may be deemed to be a
misdemeanor conviction.
    (3)  Subsection (2) of this section shall not apply to any judgment of
conviction for a violation of any offense requiring sex offender registration
as set forth in section 18-8304, Idaho Code. A judgment of conviction for a
violation of any offense requiring sex offender registration as set forth in
section 18-8304, Idaho Code, shall not be subject to dismissal or reduction
under this section. A conviction for the purposes of this chapter means that
the person has pled guilty or has been found guilty, notwithstanding the form
of the judgment or withheld judgment.