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.
History:
[18-8310A, added 2012, ch. 271, sec. 2, p. 766.]
Structure Idaho Code
Title 18 - CRIMES AND PUNISHMENTS
Chapter 83 - SEXUAL OFFENDER REGISTRATION NOTIFICATION AND COMMUNITY RIGHT-TO-KNOW ACT
Section 18-8301 - SHORT TITLE.
Section 18-8303 - DEFINITIONS.
Section 18-8304 - APPLICATION OF CHAPTER — RULEMAKING AUTHORITY.
Section 18-8305 - CENTRAL REGISTRY — NOTICE TO AGENCIES.
Section 18-8306 - NOTICE OF DUTY TO REGISTER AND INITIAL REGISTRATION.
Section 18-8307 - REGISTRATION.
Section 18-8308 - VERIFICATION OF ADDRESS AND ELECTRONIC MONITORING OF VIOLENT SEXUAL PREDATORS.
Section 18-8309 - DUTY TO UPDATE REGISTRATION INFORMATION.
Section 18-8310 - RELEASE FROM REGISTRATION REQUIREMENTS — EXPUNGEMENT.
Section 18-8310A - DISTRICT COURT TO RELEASE FROM REGISTRATION REQUIREMENTS — EXPUNGEMENT.
Section 18-8313 - REMOVAL OF BOARD MEMBERS.
Section 18-8314 - POWERS AND DUTIES OF THE SEXUAL OFFENDER MANAGEMENT BOARD.
Section 18-8315 - COMPLIANCE WITH OPEN MEETINGS LAW.
Section 18-8316 - REQUIREMENT FOR PSYCHOSEXUAL EVALUATIONS UPON CONVICTION.
Section 18-8318 - OFFENDER REQUIRED TO PAY FOR PSYCHOSEXUAL EVALUATION.
Section 18-8323 - PUBLIC ACCESS TO SEXUAL OFFENDER REGISTRY INFORMATION.
Section 18-8324 - DISSEMINATION OF REGISTRY INFORMATION.
Section 18-8325 - EXEMPTION FROM CIVIL LIABILITY.
Section 18-8327 - ADULT CRIMINAL SEX OFFENDER — PROHIBITED EMPLOYMENT.
Section 18-8328 - ACTION FOR RELIEF BY OFFENDER OR JUVENILE OFFENDER.
Section 18-8329 - ADULT CRIMINAL SEX OFFENDERS — PROHIBITED ACCESS TO SCHOOL CHILDREN — EXCEPTIONS.
Section 18-8331 - ADULT CRIMINAL SEX OFFENDERS — PROHIBITED GROUP DWELLING — EXCEPTIONS.