Idaho State Statutes - Idaho Attorney Directory

EXPUNGEMENT OF RECORD -- HEARING -- FINDINGS NECESSARY --
SPECIAL INDEX -- EFFECT OF ORDER. (1) Any person who has been adjudicated in a
case under this act and found to be within the purview of the act for having
committed a felony offense or having been committed to the department of
juvenile corrections may, after the expiration of five (5) years from the date
of termination of the continuing jurisdiction of the court, or, in case the
juvenile was committed to the juvenile corrections center, five (5) years from
the date of his release from the juvenile corrections center, or after
reaching age eighteen (18), whichever occurs last, petition the court for the
expungement of his record. Upon the filing of the petition, the court shall
set a date for a hearing and shall notify the prosecuting attorney of the
pendency of the petition and of the date of the hearing. The prosecuting
attorney and any other person who may have relevant information about the
petitioner may testify at the hearing.
(2) Any person who has been adjudicated in a case under this act and
found to be within the purview of the act for having committed misdemeanor or
status offenses only and not having been committed to the department of
juvenile corrections may, after the expiration of one (1) year from the date
of termination of the continuing jurisdiction of the court or after reaching
age eighteen (18) years, whichever occurs later, petition the court for the
expungement of his record. Upon the filing of the petition, the court shall
set a date for a hearing and shall notify the prosecuting attorney of the
pendency of the petition and the date of the hearing. The prosecuting attorney
and any other person who may have relevant information about the petitioner
may testify at the hearing.
(3) In any case where the prosecuting attorney has elected to utilize the
diversion process or the court orders an informal adjustment pursuant to
section 20-511, Idaho Code, the person may, after the expiration of one (1)
year from the date of termination of the continuing jurisdiction of the court
or after reaching age eighteen (18) years, whichever occurs later, petition
the court for the expungement of his record. Upon the filing of the petition,
the court shall set a date for a hearing and shall notify the prosecuting
attorney of the pendency of the petition and the date of the hearing. The
prosecuting attorney and any other person who may have relevant information
about the petitioner may testify at the hearing.
(4) The court may not expunge a conviction for any of the following
crimes from a juvenile's record:
(a) Administering poison with intent to kill (18-4014, Idaho Code);
(b) Aggravated battery (18-907, Idaho Code);
(c) Armed robbery (chapter 65, title 18, Idaho Code);
(d) Arson (chapter 8, title 18, Idaho Code);
(e) Assault with intent to commit a serious felony (18-909, Idaho Code);
(f) Assault with intent to murder (18-4015, Idaho Code);
(g) Assault or battery upon certain personnel, felony (18-915, Idaho
Code);
(h) Forcible sexual penetration by use of a foreign object (18-6608,
Idaho Code);
(i) Infamous crime against nature, committed by force or violence
(18-6605, Idaho Code);
(j) Injury to child, felony (18-1501, Idaho Code);
(k) Kidnapping (18-4501, Idaho Code);
(l) Murder of any degree (18-4001 and 18-4003, Idaho Code);
(m) Rape, excluding statutory rape (18-6101 and 18-6108, Idaho Code);
(n) Ritualized abuse of a child (18-1506A, Idaho Code);
(o) Sexual exploitation of a child (18-1507, Idaho Code);
(p) Unlawful use of destructive device or bomb (18-3320, Idaho Code);
(q) Voluntary manslaughter (18-4006 1., Idaho Code);
(r) A violation of the provisions of section 37-2732(a)(1)(A), (B) or
(C), Idaho Code, when the violation occurred on or within one thousand
(1,000) feet of the property of any public or private primary or secondary
school, or in those portions of any building, park, stadium or other
structure or grounds which were, at the time of the violation, being used
for an activity sponsored by or through such a school;
(s) A violation of the provisions of section 37-2732B, Idaho Code,
related to drug trafficking or manufacturing of illegal drugs.
(5) If the court finds after hearing that the petitioner has not been
adjudicated as a juvenile for any of the crimes identified in subsection (4)
of this section, and has not been convicted of a felony, or of a misdemeanor
wherein violence toward another person was attempted or committed since the
termination of the court's jurisdiction or his release from the juvenile
corrections center, and that no proceeding involving such felony or
misdemeanor is pending or being instituted against him, and if the court
further finds to its satisfaction that the petitioner has been held
accountable, is developing life skills necessary to become a contributing
member of the community and that the expungement of the petitioner's record
will not compromise public safety, it shall order all records in the
petitioner's case in the custody of the court and all such records, including
law enforcement investigatory reports and fingerprint records, in the custody
of any other agency or official sealed; and shall further order all references
to said adjudication, diversion or informal adjustment removed from all
indices and from all other records available to the public. However, a special
index of the expungement proceedings and records shall be kept by the court
ordering expungement, which index shall not be available to the public and
shall be revealed only upon order of a court of competent jurisdiction. Copies
of the order shall be sent to each agency or official named in the order. Upon
the entry of the order the proceedings in the petitioner's case shall be
deemed never to have occurred and the petitioner may properly reply
accordingly upon any inquiry in the matter. Inspection of the records may
thereafter be permitted only by the court upon petition by the person who is
the subject of the records or by any other court of competent jurisdiction,
and only to persons named in the petition.

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