Amends existing law to revise a provision regarding who may apply for relief.

This is one of the bills that the Supreme Court has recommended in its annual report to the Governor concerning defects or omissions in the law as required under article V, section 25 of the Idaho Constitution. I.C. § 19-2604 permits some defendants to have their convictions or pleas or findings of guilt set aside if certain conditions are met. The wording of the statute leaves it somewhat unclear whether a defendant in a misdemeanor case who has been sentenced to a jail term, with a portion of the jail term suspended, would be eligible for this relief. This bill would clarify that when any portion of the sentence of a defendant in a misdemeanor case has been suspended, the defendant could later ask the court for relief if the requisite conditions are met.