District Court To Release From Registration Requirements — Expungement

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 83 SEXUAL OFFENDER REGISTRATION NOTIFICATION AND COMMUNITY RIGHT-TO-KNOW ACT 18-8310A. district court to release from registration requirements — expungement. Any person who was convicted under section 18-6101 1., Idaho Code, as it existed before July 1, 2010, where such person would not have been convicted under section 18-6101 (1) or (2), Idaho Code, may petition the district court for a determination to be exempted from the duty to register as a sexual offender. If the district court finds that such person would not have been convicted under section 18-6101 (1) or (2), Idaho Code, then the district court may exempt the petitioner from the duty to register as a sexual offender and may order that any information regarding the petitioner be expunged from the central registry. In the petition, the petitioner shall: (1)  Provide a certified copy of the judgment of conviction which caused the petitioner to report as a sexual offender; and (2)  Provide an affidavit that states the following: (a)   The specific underlying facts of petitioner’s conviction and that such facts do not come within the provisions of section 18-6101 (1) or (2), Idaho Code; (b)  The petitioner does not have a criminal charge pending nor is the petitioner knowingly under criminal investigation for any crime identified in section 18-8304 , Idaho Code; and (c) The petitioner is not required to register as a sexual offender for any other reason set forth in this chapter.