Idaho Criminal Records
Idaho Criminal Records contain legal information about individuals engaged in criminal activities within the state. These records are essential for guaranteeing the integrity of the criminal justice system and for public safety as it offers the following data:
- The subject's personal information, including name, gender, ethnicity, and date of birth
- Any known aliases
- Fingerprints
- Mugshot
- Current and previous addresses
- Recent arrests
- Indicted and dismissed offenses
- Active and previous warrants
In Idaho, the Bureau of Criminal Identification (BCI) of the Idaho State Police (ISP) is responsible for maintaining and managing criminal records. The BCI operates as a central repository for criminal records, receiving information from various law enforcement agencies across the state.
Access to criminal records in Idaho enables individuals, employers, and organizations to make informed decisions concerning their safety, security, and trustworthiness.
For instance, employers can utilize these records during the hiring process to assess the suitability and integrity of potential employees, ultimately contributing to workplace safety. Additionally, individuals seeking to establish personal relationships or engage in financial transactions can refer to these records to safeguard themselves from potential risks.
To balance public interest and individual privacy, the Idaho Freedom of Information Act (FOIA) governs the accessibility of these records in this state.
Under FOIA, interested parties may obtain these records from the record custodian. However, certain restrictions and limitations exist to safeguard sensitive or confidential information.
For example, records related to ongoing investigations, sealed or expunged records, and certain juvenile records may be exempt from public access to protect the privacy and rehabilitation opportunities of the individuals involved.
What Are the Types of Crimes in Idaho?
Like any other jurisdiction, Idaho categorizes crimes into various types based on the nature and severity of the offenses committed. The following are some crime categories that one may encounter in Idaho Criminal Records:
Felonies
Felonies in Idaho are severe criminal offenses that typically cause significant harm to individuals, property, or society. Unlike many other states, Idaho does not classify felonies into different classes for sentencing purposes. Instead, the state's law specifies the penalties for specific offenses.
In Idaho, most felony statutes prescribe the maximum sentence and, sometimes, a mandatory minimum punishment for the crime. In some instances, judges have the discretion to impose fines in addition to a prison sentence for certain felonies.
However, suppose a crime is defined as a felony under the law but does not specify the penalty. In that case, it is punishable by a maximum sentence of five years of imprisonment in state prison, a $50,000 fine, or both.
To illustrate, here are some examples of Idaho's felonies and their respective penalties:
- First-degree stalking (1 to 5 years imprisonment and $10,000 fine)
- Stealing a firearm or larceny over $1,000 (1 to 14 years imprisonment and $5,000 fine)
- Aggravated battery (15 years imprisonment)
- Voluntary manslaughter (15 years imprisonment and a $15,000 fine)
- Drugs production (two years to life in prison and a $25,000 fine)
- Robbery (five years up to life in imprisonment)
Misdemeanors
In Idaho, misdemeanors are lesser criminal offenses than felonies but are still punishable under the law. These offenses often involve minor harm or nonviolent crimes.
Like felonies, Idaho does not categorize misdemeanors into different classes for sentencing purposes. Instead, the laws for most misdemeanor offenses specify the maximum sentence.
In this state, individuals guilty of simple battery, second-degree stalking, petty theft, and ownership of a small quantity of marijuana for personal use could face a punishment of up to six months in jail and a fine of $1,000.
However, for low-level misdemeanors such as aiming a gun at someone without intent, the penalty would typically involve only a fine, with no potential for a jail sentence.
How Does Probation Work in Idaho?
In Idaho, probation is a legal arrangement where individuals convicted of a crime are released into the community under the control of probation officers. Instead of serving time in jail or prison, these individuals must comply with specific conditions and regularly meet with their probation officers.
The agency overseeing probation in this state is the Division of Probation and Parole of the Idaho Department of Correction (IDOC).
This division works closely with probation officers responsible for monitoring probationers, ensuring compliance with court-ordered conditions, and promoting successful rehabilitation and reintegration into the community. It also plays a vital role in administering probation services, maintaining public safety, and supporting the overall criminal justice system in the state.
The probation process in Idaho typically begins after an individual is guilty of an offense and the court determines that probation is a suitable alternative to incarceration. In Idaho, the court grants probation to individuals eligible to retain a portion of their civil liberties under the guidance of a corrections officer, suspended penalties, or withheld judgment.
During sentencing, the court may impose a probationary period, which can vary based on the severity of the offense and other aspects such as the individual's criminal history, the probation department's recommendations, and the case's specific circumstances.
Typically, probation periods in Idaho can range from a few months to several years. Less severe offenses may result in shorter probation terms, while more serious crimes may warrant more extended probation periods. But the length of probation can also be influenced by the conditions imposed by the division under the supervision and control of the court.
What are the Probation Conditions in Idaho?
Individuals must thoroughly understand the probation conditions in Idaho before entering an agreement. While the specific requirements of probation can vary from state to state, in Idaho, the following are common conditions that individuals on probation must follow:
- Pay relevant penalties, fees, and claimants' settlements
- Accept random drug and alcohol screenings
- Complete the required community duty
- Regularly report to a probation officer
- Remain in the same neighborhood, job, or house till permitted to move
- Maintain a legal and profitable occupation
- Other conditions unique to the probationer's situation
Individuals on probation in Idaho must adhere strictly to these conditions to avoid potential consequences such as extended probation, fines, or imprisonment. It is also advisable to consult with their probation officer and legal counsel if they have any questions or concerns regarding their probationary obligations.
How Does Parole Work in Idaho?
Parole in Idaho is a system in which inmates are granted early release under specific conditions and supervision. It serves as a transitional phase between incarceration and complete freedom, allowing individuals to reintegrate into society while still under the control of parole officers.
The Commission of Pardons and Parole (CPP) is the governing body overseeing the Idaho parole process. It comprises a group of appointed members responsible for reviewing and making decisions regarding parole eligibility and release. They also have the right to impose additional conditions on parolees and the power and discretion to grant or deny parole.
The CPP thoroughly evaluates individual cases and conducts parole hearings to assess the suitability of granting parole. They also consider various factors that help them make an informed judgment on whether to permit individuals to serve the remaining term of their punishment within the community under the supervision of a corrections officer.
The following are some considerations the commission might take into account when determining whether to grant or reject a prisoner's request for parole:
- Program completion
- Factors that aggravated or mitigated the individual's conviction
- Reports or data of an individual's physical or psychological state
- Proof that the individual is willing and able to return to society and follow the law
- Individual's actions while detained
- Criminal history
What is the Parole Process in Idaho?
The parole process in Idaho involves various procedures and tests to determine whether a person is eligible for release from prison.
However, a Parole Hearing Investigator (PHI) will speak with and look into the prisoner six months before the parole hearing. The PHI will produce a complete report on the prisoner's former endeavors, current initiatives, and future objectives and submit it to the commissioners for review.
Depending on the type of crime, the parole review may be conducted during an Executive Session or a Commission Hearing.
The prisoner must appear before the CPP during a Commission Hearing, which involves inquiry and allows evidence from witnesses, supporters, or victims. On the other hand, an Executive Session does not require an individual to come out before the CPP.
How Does Expungement Work in Idaho?
Idaho Criminal Records may affect an individual's employment, education, and other opportunities. Fortunately, to lessen these effects for some convictions or offenses, the Idaho Judicial Branch does provide the option of expungement.
Expungement refers to the legal process of sealing or erasing a person's criminal record, making it inaccessible to the general public. This process allows individuals to put their past mistakes behind them and move forward without the stigma associated with a criminal conviction.
The expungement process varies by jurisdiction. However, in Idaho, there are five procedures that a person must take to have their records expunged, and these are as follows:
- Review the eligibility requirements outlined in the Expungement Flow Chart provided by ISP. This chart helps determine if they meet the criteria for expungement.
- Obtain certified documents from the arresting agency and the court if eligible. These documents may include a criminal citation or complaint, summons, indictment or information, and a court order of acquittal or dismissal.
- Fill out the expungement application form accurately and completely. Providing all the necessary details and attaching supporting documents as instructed is critical.
- Make copies of all the documents, including one complete set, for their records. It ensures that they have a copy of everything submitted for expungement.
- Mail the completed expungement application form and the supporting documents to ISP. Following the instructions and ensuring all required materials are included in the submission is essential.
By following these five steps, individuals in Idaho can initiate expunging their records, giving them a chance to move forward with a fresh start.
But it is vital to remember that not everyone is eligible for expungement in Idaho. The state has strict criteria and only allows expungement in minimal instances.
Who Is Eligible for an Expungement in Idaho?
In Idaho, the following individuals are eligible for expunging their criminal records:
- An arrested, fingerprinted, and photographed juvenile
- Any person who was detained or delivered an arrest summons and was not charged by arrest within one year and any person cleared of all counts
- An individual exempt from being registered as a sexual violator
- An individual whose DNA profile was included in the state database and databank but whose conviction was invalidated and the case dismissed.
- Juvenile violators, except those listed in I.C. 20-525A
How To Obtain a Criminal Record in Idaho
Obtaining Idaho Criminal Records is essential for individuals, employers, or organizations seeking information about an individual's criminal history. In this state, the BCI is the central repository for these records, and it offers two methods to obtain them: the Fingerprint Background Check and the Name Based Background Check.
To initiate a Fingerprint Background Check, individuals must complete several steps. It includes filling out and submitting a fingerprint criminal background check form, a payment authorization form, and the required payment.
In addition, they need to provide a complete set of inked and rolled fingerprints on an applicant's fingerprint card.
The fingerprint card should contain essential information such as the subject's details (name, gender, race, and birthday), any known aliases, descriptive data, current address, the reason for fingerprinting, and the signature of the person being fingerprinted.
Furthermore, the designated official must date and sign the fingerprint card within 180 days of receiving the fingerprint check submission.
On the other hand, interested individuals must submit a completed form and the required fee to perform a Name Based Background Check in Idaho.
However, it's important to note that relying solely on a name-based search may have limitations. In this state, criminal offenders may use aliases or provide false dates of birth, which can potentially impact the completeness and accuracy of the search results.
Therefore, individuals should be aware that this method may not always provide a comprehensive picture of an individual's criminal history, mainly if false or incomplete information is provided.
What Are the Criminal Background Check Laws in Idaho?
There are specific laws in place governing criminal background checks in Idaho.
In addition to federal laws such as Title VII of the Civil Rights Act of 1964 and the Fair Credit Reporting Act (FCRA), Idaho has enacted legislation governing pre-employment background checks.
In Idaho, the state's laws, including the Idaho Statutes and the Fair Employment Practices Act (FEPA), contain provisions that govern using criminal records for employment. These laws aim to protect individuals and promote fair practices in conducting background checks.
Under section 67-3008 of the Idaho Statutes, there are guidelines for releasing criminal history information from government agencies to private parties. According to this law, employers must obtain consent from employees or applicants before requesting criminal history information from county, local, or state governmental agencies.
In addition, the Idaho Human Rights Commission (IHRC) implements the FEPA, the state's anti-discrimination law.
Per IHRC, employers must consider various factors before eliminating applicants based on their criminal history. These factors include the number of convictions, the convictions' recency, and the offenses' severity.
Moreover, employers are encouraged not to inquire about an applicant's criminal history when it is not substantially related to the job.
Employers and individuals conducting background checks must familiarize themselves with these laws in Idaho. By doing so, they can ensure compliance and responsible use of criminal background information.