State v. Deitz

I respectfully must dissent. The ex-pungement statute, I.C. § 19-2604, permits the court, upon application of the defendant and a showing of successful compliance with the terms and conditions of probation, to set aside the plea of guilty or conviction and dismiss the case and discharge the defendant. An order withholding judgment is a de facto judgment of conviction. State v. Wagenius, 99 Idaho 273, 278, 581 P.2d 319, 322 (1978). Where a judgment has been vacated, it is a nullity, and the effect is as if it had never been rendered at all. State v. Barwick, 94 Idaho 139, 143, 483 P.2d 670,…