Under Idaho law records that have been expunged cannot be accessed for civil use or for general law enforcement purposes. Expungement is the legal elimination of past records as to allow those deserving to obtain employment, credit, professional licensing, and financial aid. A person can petition an order to the court to have DNA records destroyed. All DNA samples relating to the convicted person are destroyed by the Idaho state police, unless it is determined that the person is obligated to submit a DNA sample or fingerprint for the purpose of another conviction. Even if the state expunges a DNA record, the Bureau of Forensic Services is not required to destroy any physical evidence acquired by the DNA sample if it relates to another person.
Eligible Records for Expungement
Any fingerprints, DNA records, juvenile photos, registration of sexual offenders in a central registry, and criminal history records are available to be expunged. However only certain individuals are eligible to apply for legal expungement of records and information. Juveniles that have been taken into custody and where photographed and fingerprinted may apply for expungement. Any person who has been arrested or has served a criminal summons but was not indicted or charged within one year of the arrest and later acquitted may petition for an erasure. A person who was granted exemption from registration as a sexual offender under Idaho Law 18-8310 may petition the court. Any person whose DNA profile was included in the state database and databank whose conviction was later dismissed may also apply for expungement. And lastly, juvenile offenders may apply with the exception of conditions and offenses listed under Idaho Law 20-525A.
To expunge a record, those meeting the particular requirements must file the correct paperwork and include all the information to be expunged. This filing will be towards to court in which the case was handled. The prosecuting attorney and all other law enforcement agencies must be notified of the pending expungement. As expungement is a privilege and not a right, the court has the power to deny a petition if it has been filed incorrectly or if granting the expungement is not in the favor of the court.
Just as there are cases of eligible records for expungement, there are also cases that are ineligible for juvenile expungement. These include cases of administering poison with the intent to kill, forcible sexual penetration, assault with intent to murder, arson, sexual exploitation of a child, murder in any degree, assault with the intent to commit a serious felony, ritualized child abuse, kidnapping, injury to a child under felony convictions, armed robbery, infamous crime against nature by force or violence, voluntary manslaughter, the use of a bomb, aggravated battery, or any violation of the provisions from section 37-2732 of Idaho Law. The Idaho Law states that if a violation of this section occurs within one thousand feet of or on the public property or private property of a school, stadium, park, grounds, or building the offense cannot be expunged. If the case involves drug trafficking or manufacturing of drugs the case is also ineligible for expungement. See also:
Idaho Misdemeanor External link (opens in new window)
Idaho Felony External link (opens in new window)
Idaho Gun Laws External link (opens in new window)