Idaho Arrest Records

Idaho arrest records are official documents that provide information about the arrests of individuals in the state. Arrest records are kept and updated by the Idaho State Police's Bureau of Criminal Identification (BCI), the central authority that stores and disseminates criminal history information. Local law enforcement authorities also maintain these records. Arrest records differ from criminal records, which indicate the final outcome of a case, such as whether the person was convicted, acquitted, or had the charges dismissed.

Arrest records have various legal implications, including helping to establish the reasonable grounds for an arrest, the amount and conditions of bail, the status of pretrial release, and an arrestee's eligibility for alternative sentencing programs. Arrest records also have non-legal uses: employers, landlords, and others who perform background checks on potential candidates may check the records to determine a candidate's eligibility for jobs, housing, or other opportunities. However, arrest records do not constitute evidence of guilt or innocence.

According to the Crime in Idaho 2022 report, an annual publication of the BCI, 51,393 arrests, comprising adult and juvenile offenders, were made in Idaho in 2022. The adults arrested included 13,533 females and 32,353 males, while the juvenile arrestees comprised 1,873 females and 3,634 males. The report also provides statistics on the types of offenses, demographics of the arrestees, and regional distribution of arrests.

Are Arrest Records Public in Idaho?

Yes. The Idaho Public Records Act establishes that arrest records are public information in Idaho unless there is a valid reason to keep them confidential. As such, anyone can access and copy arrest records by forwarding a request to the appropriate authority unless a record is legally exempt. 

Public record exceptions balance the public's right to know with the public interest in privacy. For example, arrest records that pertain to minors are not disclosed to the public, as Idaho law recognizes the need to protect their identities and promote their rehabilitation. Similarly, records that are part of an active criminal case may be withheld from the public, as disclosing them could compromise the investigation. Also, the public cannot access records expunged by a court, as those are deemed deleted from the official records. 

What is Included in Idaho Arrest Records?

The information in an arrest record may differ depending on where and how the record is obtained. Still, an arrest record often consists of the following components:

• Personal information: The arrestee's name, date of birth, gender, race, and physical description. This information identifies and distinguishes an arrested person from others with similar names or features.
• Arrest information: The arrest date, time, and location; arresting agency; charges; bail amount; arrest status; and booking number. This information describes the details of the arrest and the legal basis for it. It also indicates the status of the person's custody and the amount of money required for their release.
• Fingerprint information. A suspect's fingerprint classification, fingerprint image, and fingerprint identification number. This information helps verify the person's identity and link them to other records that may contain their fingerprints, such as state criminal history or FBI records.

Find Public Arrest Records in Idaho

Individuals who want to obtain public arrest records in Idaho can follow the steps below to get one.

Identify the Correct Agency: In Idaho, the Idaho State Police's BCI maintains criminal history records, which are available to the public and carry arrest data. County sheriff's offices also maintain arrest records. 

Collect Required Information: Before contacting the appropriate agency, individuals must gather certain information about the person whose arrest records they seek, such as their complete name and aliases, arrest date, or arrest number.

Submit the Request: Depending on the agency, individuals can use the methods below to find an arrest record.

• Online: Many agencies offer portals where individuals can request public arrest records. These platforms typically require users to fill out a form with relevant details about the arrest, such as the individual's name, date of birth, and other identifying information. Once submitted, the agency will process the request and access the requested records electronically.
• In-Person: Visiting the appropriate agency in person is an option for those who favor face-to-face interaction. By going directly to the agency's office, individuals can speak with staff members and request arrest records. This method allows for immediate assistance and the opportunity to clear up any questions or concerns with agency personnel.
• By Mail: Individuals also have the option to request arrest records by mail. To do so, they must prepare a written request that includes all pertinent details about the arrest. This request should be mailed to the appropriate agency's address. Additionally, it is crucial to have a self-addressed stamped envelope along with the request to facilitate the agency's response process. Once received, the agency will process the request and send the requested records via mail to the provided address.

Note that a custodian may provide a Records Request Form to request arrest records. This form typically requires information about the individual whose records are sought and the requester's contact information. An example is the BCI's Name-Based Criminal Background Check Form for searching criminal history records (and by association arrest records) by name.

Pay Fees: An associated fee is attached depending on the method of obtaining arrest records. For example, anyone requesting arrest records from BCI must pay a $20 fee. Individuals can pay these fees by cash, check, or credit/debit card.

When requesters are prevented from accessing restricted or non-public arrest records, they may need to request a subpoena. This legal document orders a person or an entity to produce evidence or testify in a legal proceeding. To get a subpoena in Idaho, individuals must follow these steps:

• Request a subpoena from a court clerk or judge: Individuals can ask the clerk or judge to issue a subpoena, which will carry the court's seal but be otherwise blank. Individuals must fill in the blanks with the relevant information before serving the subpoena. Alternatively, individuals can ask an attorney licensed in Idaho to issue and sign a subpoena.
• Serve the subpoena to the person or entity: Individuals can hire a professional process server, peace officer, or any other person at least 18 years old to serve the subpoena. 

Serving a subpoena means delivering a copy to the person or entity named therein and offering payment for one day's attendance and the mileage allowed by law if the recipient asks. However, individuals do not have to provide fees and mileage if the subpoena is issued by the Attorney General, a prosecuting attorney, or on behalf of the state or any of its agencies.

• File proof of service with the court: Individuals must file a proof of service with the court that issued the subpoena, stating the date, manner of service, and persons served. The proof of service can be either an officer's certificate of service or an affidavit by the person who served the subpoena.

How to Lookup Arrest Records Online in Idaho

In Idaho, accessing arrest records online involves querying two primary sources: the Idaho Bureau of Criminal Identification (BCI) and local law enforcement agencies. To begin, individuals can visit the Idaho State Police website to find a section dedicated to criminal history checks. Here, users are guided through a process that often entails creating an account, completing necessary forms, and paying any associated fees. It is usually required to provide specific details about the search subject, such as their full name, date of birth, and possibly their social security number. Users can access arrest records online through the BCI's platform once the required information is submitted and any necessary steps are completed.

Alternatively, for arrests made at the local level, individuals must determine the jurisdiction where an arrest occurred—whether it is a city police department or a county sheriff's office. On the respective law enforcement agency's website, users should look for a webpage related to arrest records. For instance, anyone looking for arrest records within Ada County can access the Ada County Sheriff's Office arrests webpage. Individuals should note that some agencies may offer online portals for searching arrest records directly. In contrast, others may require contacting them via email or phone to inquire about accessing such records online.

In addition to official channels, third-party services provide access to arrest records. However, users should exercise caution and ensure the credibility and security of these websites before providing any payment information.

How Long Do Arrests Stay on Your Record in Idaho

The duration of arrests on one's record in Idaho depends on several factors, such as the type of offense, the outcome of the case, and the legal actions taken by the court or the individual. According to the Idaho Bureau of Criminal Identification (BCI), arrest information remains on a criminal record indefinitely unless expunged, sealed, redacted, dismissed, or pardoned by the court or the governor. However, these relief options have strict eligibility criteria and procedures. 

Expunge an Arrest Record in Idaho

One way to clear an arrest record in Idaho is to expunge it, which hides it from public examination and prevents most employers, landlords, and other parties from seeing it. However, not all arrests or convictions can be expunged, and there are different steps and rules to follow depending on the case.

Per Idaho Code § 67-3004(10), only arrests that did not result in a conviction or convictions later reversed or dismissed by the court can be expunged. Convictions that led to a prison term, probation, or parole, or crimes such as sex offenses, violent felonies, or crimes against children cannot be expunged. To apply for an expungement, an individual must submit an Expungement Application Form to the Idaho State Police, along with a copy of their order of acquittal or dismissal from the court. Processing may take up to 30 days. If the application is accepted, the Idaho State Police will inform the arresting agency and the court to delete the arrest record from their records. The individual will also get a Certificate of Expungement from the Idaho State Police, which can be used as evidence of the expungement. Expungement does not entirely wipe out an arrest record, as it may still be seen by law enforcement agencies, courts, or prosecutors for certain purposes. For instance, expunged arrests may count as previous offenses for sentencing enhancement or habitual offender statutes. Expungement also does not restore civil or firearms rights lost due to a conviction.

Another option in Idaho is deferred sentencing, also called a partial expungement. This is a process where the court delays entering a guilty plea or verdict and puts the defendant on probation for a certain period. If the defendant completes the probation and fulfills all conditions set by the court, the court may drop the charge and seal the record from public view. However, the record may still be accessed by law enforcement agencies, courts, or prosecutors and used as a previous offense for future charges.

Deferred sentencing is not a right but a favor granted by the court at its discretion. The court may look at various factors, such as the type and seriousness of the offense, the defendant's criminal history, the defendant's age and situation, the victim's opinion, and the public interest. Deferred sentencing is not possible for certain crimes, such as sex offenses, violent felonies, or crimes against children.

To ask for a deferred sentence, a defendant must file a motion with the court, along with a proposed probation plan and a waiver of the right to a trial. The court may hold a hearing to decide whether to approve the motion and may set additional terms and conditions for the probation. If the defendant does not follow the probation terms, the court may cancel the deferred sentence and enter a conviction. If the defendant finishes the probation successfully, the court may drop the charge and seal the record. A defendant may also ask the court to lower the felony charge to a misdemeanor if their offense is eligible for such a reduction.

How Do I Find Recent Arrests in Idaho?

The county sheriff's offices in Idaho usually have websites where they post the recent arrests they have made, including the arrestees' names, charges, and booking dates. For instance, the sheriff's online list shows the recent arrests in Blaine County. The Canyon County Sheriff's Office, the Kootenai County Sheriff's Office, the Bannock County Sheriff's Office, and the Twin Falls County Sheriff's Office also have online databases or platforms that display recent arrest information. However, this feature is not available in all counties, and some may have limited arrest information.

Another way to find recent arrests in Idaho is to contact law enforcement agencies by phone, email, or in person. A person can ask an office if they have any records or reports of an arrest or if they can direct one to the appropriate sources. However, individuals may need to provide a valid reason and identification for a request, and some agencies may charge a fee for accessing or copying records.

Are Idaho Arrest Records Free?

Yes. According to the Idaho Public Records Act, Idaho arrest records are open to the public and can be accessed for free. However, some law enforcement agencies may charge a fee to provide copies of arrest records or conduct background checks.