Are Criminal Records Public In Idaho?
Under Idaho Code 67–3008, criminal records in the state are considered public information. This means that any person, private firm or public agency, may apply to receive a copy of an Idaho resident’s criminal history record. However, note that Idaho restricts information accessible by third-party requestors without the person’s consent.
The Idaho State Police (ISP) is the agency responsible for maintaining and issuing criminal records in the state. The ISP entertains requests for these records through its Bureau of Criminal Identification (BCI). Note that the BCI only makes criminal records available for non-criminal justice purposes. These include personal inquiries, licensure, and employment screening
What Is Included In A Criminal Record In Idaho?
A criminal record is an official document that includes details about a person’s history with law enforcement. These records are sometimes called RAP (Record of Arrests and Prosecutions) sheets as they contain details about all of a person’s involvements when a crime is committed. Criminal records are usually exhaustive, detailing the beginning of a criminal case, usually an arrest, to a disposition by a court. Generally, Idaho criminal records contain the following information:
- The name of the individual along with all known aliases
- Date of birth
- A booking photograph or mugshot
- The subject’s past and current address
- All arrest dates
- The name of the arresting agency
- Case number
- All warrants issued against the person
- Information about all charges, including pending and acquitted cases
- All case dispositions, including convictions, and dismissals
How To Look Up My Criminal Records In Idaho?
Idaho residents may request the Idaho State Police for criminal records of themselves or a third party. The ISP allows requestors to apply for these records either by a name-based background check or a fingerprint background check.
A name-based background check searches for persons with criminal records using the name provided by the requestor. To request a name-based search, fill the Name Based Criminal Background Check Form. To complete the form, the requestor must provide information on the subject of the record, including a full name, known aliases including the maiden name, date of birth, social security number, sex, race, address, city, and zip code. The form also requires the requestor’s information, including a full name, return address, city, zip code, phone number, and the requestor’s signature.
The name-based form costs $20 payable by credit or debit card, check, or money order. To use a credit or debit card, fill the Credit Card Authorization Form attached to the Name Based Criminal Background Check Form. The authorization form requires the name of the subject of the record, the name of the requestor, credit card number, expiration date, zip code, the name on the card, email address, phone number, and the payee’s hand-written signature. Note that credit card payments require an extra $1 processing fee, plus an additional 3% of the total amount. Only credit cards from Visa, Discover, American Express, and MasterCard are acceptable.
Requestors may also pay via money order or check. Note that the ISP only accepts personal checks issued by the requestor or requesting agency. Checks and money orders should be made out to the Idaho State Police.
Interested persons are to send all required request documents to the BCI using the information listed below:
Bureau of Criminal Identification
Idaho State Police
700 South Stratford Drive
Meridian, ID 83642
Phone: (208) 884–7130
Fax: (288) 884–7193
Requestors should note that the accuracy of a record received through a name-based search cannot be confirmed. This is because the ISP cannot guarantee that the subject of the record did not use a false name, or tender a false date of birth. Therefore, a name-based criminal record cannot be notarized.
The fingerprint check is an alternative to the name-based background check. This method is more accurate as it matches fingerprints even if other details such as a full name and birth date are inaccurate. To request a fingerprint check, submit a complete set of inked fingerprints. Requestors may visit the ISP or the nearest police department or sheriff’s office for fingerprinting services. Fingerprinting services with the ISP cost $10 for the first card and $5 for each additional card. Payment for the service is acceptable by cash, credit card, or check made out to the Idaho State Police. All returned checks will attract an additional $20 charge.
The fingerprint card must include the name of the person on the record, known aliases, signature of the fingerprinted person, current address, date of birth, sex, race, place of birth, social security number, and other physical descriptors. Note that requestors must submit the fingerprint card within 180 days from the day it was printed.
Persons who need to conduct a fingerprint check should download the Fingerprint Criminal Background Check Form. Completing the form requires the following:
- The name and date of birth of the person named on the record;
- The requestor’s name, date of birth, return address, and phone number;
- A reason for the request, along with any other additional information
Persons who want a notarized criminal record may also indicate on the form. Note that the notary letter will be provided based on the name on the fingerprint card.
A fingerprint criminal record check costs $20, excluding the charge for fingerprinting services. Payment is acceptable by credit or debit card, check, or by cash. Note that accepted credit card types include American Express, Discover, Visa, and MasterCard. Credit card payments also cost an extra $1 processing fee and 3% of the total amount for the transaction. Persons paying by card must fill the Credit Card Authorization Form attached to the Fingerprint Criminal Background Check Form.
The form requires the name of the person on the record, the requestor’s name, credit card number, expiration date, zip code, phone number, email, the payee’s signature, and the name on the card. Note that the ISP will not accept forms with electronic signatures.
Requestors may also use checks made out to the Idaho State Police. Note that the ISP will charge an additional $20 fee for any returned checks.
Persons who require a criminal record for multiple persons must submit a different form for each record required. Note that according to Idaho Code 67–3008(6), a recipient of a criminal history record is prohibited from releasing the report or the information therein to any entity that is not a court or criminal justice agency. Recipients of criminal records may only do so after obtaining a signed release from the subject of the record.
Requesting a record that does not contain a disposition after one year from the arrest date requires a signed release from the subject of the record. The ISP only responds to requests for criminal records in person or by mail. Phone and fax details may only be used for inquiries.
How Can I Get My Criminal Records For Free In Idaho?
Criminal records in Idaho are accessible from the Idaho State Police for varying cost, depending on whether the request is name-based or fingerprint-based. The ISP currently has no public provision that allows the public to request criminal records either for a reduced fee or for free. Interested persons are advised to contact the ISP directly for the possibility of a fee waiver.
How To Search Criminal Records Online In Idaho?
Criminal records in Idaho are only available in person and by mail. The Idaho State Police has no provision for an online repository where interested persons may search for criminal records online. Instead, persons may gain access to criminal case files online via the smart search function provided by the Idaho iCourt Project.
The smart search function allows interested persons to do a basic search using the full name of the subject of the record or a record number. Requestors may also filter the search result by selecting the county of record, business name, attorney name, case number, or citation number. Additional options include searching by FBI number, booking number, and specifying a filing date range.
The search result shows the name of the individual, all known aliases, case number, the court with case jurisdiction, case type, case status, parties involved in the case, attorneys involved, and details of the case disposition.
Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:
- The name of the person involved in the record, unless said person is a juvenile
- The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused in
Third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.
How To Get Criminal Records Expunged In Idaho?
Expungement in Idaho is significantly limited. For the most part, persons with criminal convictions in the state may be unable to have these records expunged. Generally, Idaho does not allow the expungement of criminal records. However, expungement is possible if the petitioner meets very strict requirements.
Under Idaho Code 67–3004(10), any person who was arrested or received a criminal summons may apply for expungement of the arrest record or criminal summons. However, this is only possible if the person was not charged by indictment within one year of the summons or arrest. In addition, persons who were charged but received an acquittal or had all charges dismissed may also expunge the arrest record or criminal summons. Note that expungement is unavailable for persons with dismissed records under Idaho Code 19–2604.
While dismissals may make certain persons eligible for expungement, this is not the case with every dismissal. In some cases, a person may be arrested or receive a criminal summons and eventually be charged to court. Certain court cases receive varying sentences, including jail time, probation, a fine, or withheld judgment. The person that this pertains to is not qualified for expungement, even if all charges were dismissed. In addition, all convictions for sex offenses are ineligible for expungement, even if the person was granted an exemption from registering as a sex offender.
To apply for an expungement, eligible persons may fill the BCI’s Expungement Application form. Complete the form with the individual’s last name, first name, middle initial, date of birth, current address, city, phone number, and zip code. The applicant must also include information about the alleged crime, the date of arrest, Idaho court case number, and the specific Idaho county. The exact charge(s) to be expunged, and the date of acquittal or dismissal should also be stated. Also, the form should be duly signed and dated.
Note that the form must have the following documents attached:
- A criminal citation, criminal complaint and summons, indictment or information
- A certified copy of a court order of acquittal, clearly stating that the applicant is not guilty of the crime(s), or, a certified copy of a court order of dismissal, clearly itemizing the crime(s) that were dismissed
Eligible persons may send the completed form by mail to the Idaho State Police, using the information listed below:
Bureau of Criminal Identification
Idaho State Police
700 South Stratford Drive
Meridian, ID 83642
Phone: (208) 884–7130
Fax: (288) 884–7193
Applicants are advised to send a self-addressed and stamped envelope with the expungement application. Note that the ISP may take up to 30 days to process the request.
How To Get Criminal Records Sealed In Idaho?
Idaho residents may also attempt to seal their records. In certain cases, physical and electronic records may be temporarily or permanently sealed or redacted by a court order. However, the case must satisfy one of the following requirements:
- The record contains sensitive or intimate information that could be considered objectionable by a reasonable person.
- The record contains information that could be considered libelous.
- The record contains information that could cause economic or financial loss to a person directly related to the record.
- The record contains information that could endanger the safety of a person’s life or property.
- The record contains information that may interfere with a person’s right to a fair trial if public access is allowed.
Any person with a case that satisfies one or more of the above requirements may file a petition to seal the record in the Idaho county court with jurisdiction over the case. Filing fees may apply and may vary across counties. Note that Idaho courts rarely seal records even when the application meets the above requirements.
Who Can See My Expunged Criminal Record In Idaho?
In Idaho, an order to seal or expunge a criminal record does not destroy the record completely. All expunged or sealed records are still accessible to law enforcement agencies in the state. In addition to Idaho law enforcement agencies, information available on Idaho criminal records may still be available on the FBI’s National Crime Information Center (NCIC) database. Although only law enforcement personnel have access to this database, the record is perpetually held with the FBI.