Expunged records, according to Idaho law, cannot be accessed for civil or general law enforcement purposes. Expungement is the legal removal of previous records in order for those who qualify to obtain employment, credit, professional licensing, and financial aid. A person can seek a court order to have DNA records destroyed. The Idaho state police destroy all DNA samples relating to the convicted person, unless it is determined that the person is required 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 obligated to destroy any physical evidence obtained by the DNA sample if it relates to another person.
Records Eligible for Expungement
Fingerprints, DNA records, juvenile photos, sexual offenders’ registration in a central registry, and criminal history records can all be expunged. However, only certain people are eligible to apply for the legal erasure of records and information. Juveniles who have been arrested and photographed and fingerprinted may apply for expungement. Anyone who has been arrested or served with a criminal summons but has not been indicted or charged within one year of the arrest and has been acquitted may petition for erasure. A person who was granted exemption from sexual offender registration under Idaho Law 18-8310 may petition the court. Anyone whose DNA profile was included in the state database and databank and whose conviction was later overturned may seek expungement. Finally, with the exception of the conditions and offenses listed in Idaho Law 20-525A, juvenile offenders may apply.
To expunge a record, those who meet the specific requirements must file the appropriate paperwork, which must include all of the information to be expunged. This filing will be made to the court where the case was handled. The prosecutor and all other law enforcement agencies must be informed of the impending expungement. Because expungement is a privilege, not a right, the court has the authority to deny a petition if it was filed incorrectly or granting the expungement is not in the best interests of the court.
Records that are ineligible
Just as there are cases where records are eligible for expungement, there are cases where they are not. Cases of poisoning with the intent to kill, forcible sexual penetration, assault with the 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 Idaho Law states that a violation of this section cannot be expunged if it occurs within 1,000 feet of or on the public or private property of a school, stadium, park, grounds, or building. The case is also ineligible for expungement if it involves drug trafficking or drug manufacturing.
