Idaho: Adult Non-Conviction Arrests (ID-NC-2)

Records relating to an arrest for prostitution under section 18-5613 or other offenses that did not result in conviction and were the result of acts induced by human traffickers may be expunged by the court two years after the date of arrest. Idaho Code § 67-3014.

Record Detail(s)

Human trafficking offenses

Charges resolved in favor of defendant

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Hearing

At court's discretion

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

Offenses for which a defense of coercion would not be available. Idaho Code § 67-3014(2).

Procedure General

The petition must be filed in court. For the specific procedure see Idaho Code § 67-3014. If the court finds that the petitioner has demonstrated by a preponderance of the evidence that their participation in the activities that led to arrest occurred while they were victim of human trafficking and was a result of acts required by the human trafficker, then the court shall vacate the conviction and order expungement of the records. Idaho Code § 67-3014(10).

Fees

There is no statutory language regarding fees.

Effect

The arrest is considered not to have occurred, and the person can so swear under oath. Records that were expunged will not be used against the person for any purpose. All the expungement proceedings are sealed. Idaho Code § 67-3014(11)-(14).

Waiting Periods

The petition can be filed after two years from the arrest.

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