Idaho State Statutes - Idaho Attorney Directory

(1) Any
person, other than a recidivist, an offender who has been convicted of an
aggravated offense, or an offender designated as a violent sexual predator,
may, after a period of ten (10) years from the date the person was released
from incarceration or placed on parole, supervised release or probation,
whichever is greater, petition the district court for a show cause hearing to
determine whether the person shall be exempted from the duty to register as a
sexual offender. In the petition the petitioner shall:
(a) Provide clear and convincing evidence that the petitioner is not a
risk to commit a new violation for any violent crime or crime identified
in section 18-8304, Idaho Code;
(b) Provide an affidavit indicating that the petitioner does not have a
criminal charge pending nor is the petitioner knowingly under criminal
investigation for any violent crime or crime identified in section
18-8304, Idaho Code;
(c) Provide proof of service of such petition upon the county prosecuting
attorney for the county in which the application is made; and
(d) Provide a certified copy of the judgment of conviction which caused
the petitioner to report as a sexual offender.
The district court may grant a hearing if it finds that the petition is
sufficient. The court shall provide at least sixty (60) days' prior notice of
the hearing to the petitioner and the county prosecuting attorney.
The court may exempt the petitioner from the reporting requirement only
after a hearing on the petition in open court and only upon proof by clear and
convincing evidence that the petitioner is not a risk to commit a new
violation for any violent crime or crime identified in section 18-8304, Idaho
Code.
(2) Concurrent with the entry of any order exempting the petitioner from
the reporting requirement, the court may further order that any information
regarding the petitioner be expunged from the central registry.

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