Idaho Code 18-8310A – District Court to Release From Registration Requirements — Expungement
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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
Terms Used In Idaho Code 18-8310A
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Central registry: means the registry of convicted sexual offenders maintained by the Idaho state police pursuant to this chapter. See Idaho Code 18-8303
- Conviction: A judgement of guilt against a criminal defendant.
- Offender: means an individual convicted of an offense listed and described in section 18-8304, Idaho Code, or a substantially similar offense under the laws of another jurisdiction or military court or the court of another country deemed by the U. See Idaho Code 18-8303
- person: includes a corporation as well as a natural person;
Idaho Code 73-114
(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.