Argument Preview: Expungement Case

On May 13, 2009, the Idaho Supreme Court will hear a case presenting the question of whether there is an expungement procedure for criminal records after an acquittal.

In State v. Gary Turpin, No. 34994, Mr. Turpen was charged with sexual exploitation by a medical care provider, but was found not guilty by a jury. After the verdict, Mr. Turpen filed a motion requesting expungement of his case from the criminal records. The magistrate court denied Turpen’s motion concluding there is no statutory basis for expungement. The District Court on intermediate appeal affirmed the magistrate.

Former Attorney General and Lincoln scholar Dave Leroy (pictured above) is the attorney for the appellant. Presumably, this case will address the applicability and scope of I.C. 67-3004(10).