Section 18-8310A - DISTRICT COURT TO RELEASE FROM REGISTRATION REQUIREMENTS

Section 18-8310A - DISTRICT COURT TO RELEASE FROM REGISTRATION REQUIREMENTS — EXPUNGEMENT.

ID Code § 18-8310A (2019) (N/A)

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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

History:

[18-8310A, added 2012, ch. 271, sec. 2, p. 766.]

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