Senate Bill 1026 Summary

• Amends Idaho Code Section 19-2604 to expand eligibility for relief from criminal convictions by adding language that misdemeanor defendants whose "sentence or any portion thereof has been suspended" may apply for relief.

• Allows defendants who meet specific conditions—including successful probation completion or graduation from drug court/mental health court programs without probation violations—to have their convictions dismissed, sentences terminated, or sentences reduced to time served in a penal facility.

• Permits convicted felons discharged from probation to apply for reduction from felony to misdemeanor conviction; requires prosecuting attorney stipulation if less than 5 years have elapsed, or if 5+ years have elapsed and the conviction involves serious violent crimes or trafficking offenses.

• Prohibits relief for convictions requiring sex offender registration under Idaho Code Section 18-8304 and establishes that violations of board of correction supervision agreements do not preclude relief eligibility.

• Makes these provisions retroactively applicable to defendants convicted before and after the law takes effect, with final dismissal restoring civil rights to discharged defendants.