Idaho: Adult Convictions (ID-C-2)

A person required to register as a sex offender under Idaho Code § 18-8304 may petition to be released from the duty to register and to have their record expunged from the central registry, unless the petitioner is a recidivist, has been convicted of an aggravated offense, or has been designated as a violent sexual predator. Idaho Code § 18-8310 (1).

Record Detail(s)

Felony

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

A person convicted of any aggravated offense listed in Idaho Code § 18-8303(1) is ineligible for relief under this section.

Procedure General

The petition must be filed in the county in which the petitioner was convicted. If the petitioner was convicted in a jurisdiction other than Idaho, then the petitioner shall file in the county in which they reside. Idaho Code § 18-8310 (1). For specific procedure, see Idaho Code § 18-8310 (1)-(3).

Fees

There is no statutory language regarding fees.

Effect

An order under this section releases the petition from the duty to register as a sex offender and may, at the court's discretion, expunge petitioner's records from the central sex offender registry. Idaho Code § 18-8310 (1), (5).

Waiting Periods

There is a 10-year waiting period.

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