Idaho

Collateral Consequences in the State of

Idaho

Introduction

            Idaho’s juvenile code, the Juvenile Corrections Act, generally does not limit the collateral consequences caused by a juvenile’s arrest and court records. In many instances, acts committed by a juvenile are treated the same as acts committed by an adult. For instance, an individual submitting to a criminal background check must disclose all criminal history items, regardless of whether committed as an adult or juvenile.[1] Disclosure of many criminal history items serves as a bar to certain employment opportunities and access to public benefits.[2] Moreover, there is no statutory time limit by which an applicant need no longer disclose a past criminal act. An act committed as a juvenile, therefore, must be disclosed regardless of how much time has passed.

            Additionally, Idaho law does not limit collateral consequences affecting educational and employment opportunities. Schools and potential employers have broad discretion in deciding how to respond to information received regarding a juvenile criminal record. School districts have discretion and can consider juvenile records when determining whether students should be expelled or suspended.[3] Employers, in certain circumstances, are permitted to deny an applicant a job on the basis of criminal records, regardless of whether the offenses were committed as a juvenile or adult.[4]

            Finally, Idaho law requires the automatic transfer of juvenile cases to adult court when the youth is charged with certain crimes and grants judges broad discretion to do so in other circumstances.[5] Once a juvenile is tried as an adult, any protection from collateral consequences, which the juvenile might have enjoyed due to restrictions on the availability of juvenile criminal history records, disappears.

Understanding the Justice System

The Idaho juvenile court has “exclusive, original jurisdiction over any juvenile,”[6] and the Juvenile Corrections Act defines “juvenile” as “a person less than eighteen years of age or who was less than eighteen years of age at the time of any act, omission or status.”[7] Other courts have a duty to transfer jurisdiction to the juvenile court upon ascertaining that the case involves a juvenile,[8] and once a juvenile is adjudicated under the Juvenile Corrections Act, the juvenile court will retain jurisdiction over that juvenile until the individual becomes twenty-one years of age.[9] However, the juvenile court does not have jurisdiction where a juvenile violates beer, wine, alcohol, tobacco, traffic, watercraft, or fish and game laws;[10] it also lacks jurisdiction where the juvenile is a “violent offender”[11] or a juvenile sex offender.[12] 

The juvenile court may waive jurisdiction and transfer a juvenile to adult court when: (1) a juvenile is alleged to have committed a “violent offense” or “controlled substance violation,” as defined by section 20-509 of the Juvenile Corrections Act;[13] (2) a juvenile aged fourteen or older is alleged to have committed an act considered a crime if committed by an adult; (3) an adult is alleged to have committed an act as a juvenile that is considered a felony if committed by an adult and no state juvenile-treatment facility is available for the accused or public safety requires transfer; or (4) an adult under the jurisdiction of the juvenile court is alleged to have committed a crime as an adult.[14] A juvenile court must transfer a case when a juvenile is aged fourteen to eighteen and alleged to have committed the following offenses:

1. Murder of any degree or attempted murder;
2. Robbery;
3. Rape, but excluding statutory rape;
4. Forcible sexual penetration by the use of a foreign object;
5. Infamous crimes against nature, committed by force or violence;[15]
6. Mayhem;
7. Assault or battery with the intent to commit any of the above serious felonies;
8. Manufacturing or delivering, or possessing with intent to manufacture or deliver, a controlled substance on or within one thousand feet of primary or secondary school property, or in portions of any building, park, stadium or other structure or grounds which were used for a school-sponsored activity at the time of the violation; and
9. Arson in the first degree and aggravated arson.[16]

If a juvenile is not transferred to adult court and is alleged to have committed an offense and further action or investigation is required, a petition is filed with the juvenile courts.[17]  The petition details the offense the juvenile is charged with. Once the petition is filed, the court will conduct an admit/deny hearing.[18] If the juvenile admits to the offense at the hearing, the court may informally adjudicate the petition.[19] If the juvenile denies the allegations in the petition, the court will conduct a full evidentiary hearing.[20] If the court determines that the juvenile falls within the purview of the Juvenile Corrections Act, the court will then enter an order on the disposition of the case and conduct a sentencing hearing.[21]

Notification of Collateral Consequences of Juvenile Arrest & Court Records

            At the admit/deny hearing, the judge is required to inform the juvenile and the juvenile’s parent, guardian, or custodian “[o]f the potential consequences to admission of the alleged offense.”[22] Idaho legislation does not define “potential consequences,” however, or expressly require that a juvenile be informed of the collateral consequences caused by juvenile records.[23] A juvenile should consult counsel regarding the consequences of arrest and court records.

Treatment of Juvenile Arrest Records[24]

Are photographs and fingerprints routinely collected?

            Generally, any person that is arrested and taken to a county jail must submit to the entire booking process – including the collection of fingerprints and photographs.[25] When a juvenile is arrested, the police will either release the juvenile to a parent or guardian or refer the juvenile to another authority, such as a juvenile court, probation department, or welfare agency.[26]

If a juvenile is taken into custody by a peace officer or private citizen, rather than arrested by a police officer, fingerprints and photographs may be taken.[27] If subsequently detained in this situation, however, the juvenile will be fingerprinted and photographed.[28]

These fingerprints and photographs are sent to the appropriate law enforcement agency and filed with the Idaho Bureau of Criminal Identification for identification purposes.[29] The Department of Juvenile Corrections maintains these files in a statewide juvenile offender information system.[30]

Is DNA routinely collected?

A DNA sample is only collected from a juvenile who is tried as an adult and convicted of or pleads guilty to certain crimes.[31]

Are juvenile arrest records made public?

            Juvenile arrest records are closed to the public.[32] The Idaho Supreme Court Data Repository generally provides public information on the status of trial court cases in Idaho, but in juvenile cases, it only lists the name of the arresting officer in juvenile petitions and probation violations.[33]

What juvenile arrest data may be distributed?

            The Idaho Bureau of Criminal Identification does not release or distribute juvenile arrest data.[34]  Distribution of arrest records to anyone (employers, schools, and state agencies, private companies) is prohibited unless specifically enumerated by statute.[35]

Treatment of Juvenile Court Records

At what point in the process do court records begin?

An action against a juvenile in juvenile court begins when a peace officer, prosecuting attorney, or other authorized representative files a petition with the court.[36] The petition is the formal document that sets forth the act the juvenile is charged with and identifies the juvenile’s name, age, residence and parents’ or legal guardians’ name and residence.[37]

Where and how are juvenile records stored?

            The Idaho Department of Juvenile Corrections maintains a statewide juvenile offender database, the Idaho Juvenile Offender System (IJOS), which tracks juveniles in the Idaho juvenile corrections system.[38] If a juvenile offender is referred to a residential or non-residential program by the Department of Juvenile Corrections, this provider will also maintain individual case management records on the juvenile offender.[39] Upon release or transfer from the custody of the Department of Juvenile Corrections, the juvenile’s case management record will be transferred to the juvenile’s services coordinator.[40]

Who can access juvenile court records?

Public: Publically accessible juvenile records are available online.[41] Members of the public may search for information by the juvenile’s name or case number.[42] If a juvenile is adjudicated guilty of an act that would be considered a criminal offense if committed by an adult, the juvenile’s name, the offense committed, and the court’s disposition are open to the public.[43] Although not expressly authorized to do so, the Idaho Supreme Court Data Repository also lists juvenile status offenses and probation violations.[44]

In addition, court records of proceedings at admit/deny hearings against a juvenile fourteen years of age or older remain open to the public, unless the court enters an order that exempts the records from disclosure.[45] Juvenile courtroom proceedings and records are also open to the public in cases against a juvenile fourteen years of age or older and charged with an offense considered a felony if committed by an adult.[46] However, the court and prosecutor may agree that “extraordinary circumstances” exist and the proceedings and records should remain confidential to serve the best interests of the accused juvenile.[47] If a juvenile charged with an act considered a felony if committed by an adult is found not to have committed the act or the charge is reduced, all existing and future case records shall be exempt from public disclosure by court order, and no showing of “extraordinary circumstances” is required.[48]

            Reports requested by the court for use at a juvenile’s sentencing hearing are also exempt from public disclosure.[49] These reports may contain “the results of an inquiry into the [juvenile’s] home environment, past history, competency development, prevention or out of home placement services provided, and the social, physical and mental condition.”[50] While the contents of these reports are exempt from public disclosure, the reports are treated as court filings, and accordingly, the existence of the reports is listed on the Idaho Supreme Court Data Repository.[51] 

Victim: The victim of a juvenile’s misconduct is always entitled to the offender’s name, the name of the juvenile’s parent, and the juvenile’s address and telephone number.[52]

State Agencies and Other Organizations: Governmental and private agencies and institutions may make a request for facts in a juvenile’s record.[53] Such a request will be granted where the entity is conducting research or statistical studies or where the requesting entity has a legitimate interest in the protection, welfare, and treatment of a juvenile aged thirteen or younger.[54]

Defendant’s Attorney: The juvenile’s counsel may access confidential juvenile offender records with a signed consent form.[55]

Other Court Personnel: Judges, prosecutors, juvenile probation officers, and law enforcement officers may access confidential juvenile offender records “when essential for official business.”[56]

School District: The superintendent or employee of a school district may make a written request to the court for the facts in a juvenile record maintained under the Juvenile Corrections Act for any juvenile seeking enrollment or currently enrolled in that school district.[57] The court is required to grant such a request.[58]

Parents/Guardians: The juvenile’s parents or guardian may access confidential juvenile offender records, as long as disclosure is not privileged or clinically inappropriate.[59]

Juveniles: A juvenile may access records concerning personal information stored with a public agency or independent public body, even if those records are otherwise exempt from public disclosure.[60] To access a record, a juvenile must file a records request with the official custodian of the court record, as identified by the Idaho State Judiciary.[61] The records request form is available online.[62]  

            However, if the Department of Juvenile Corrections or a contract provider with the Department of Juvenile Corrections believes that access to the information in a juvenile’s record would be detrimental to that juvenile’s treatment or rehabilitation, such information may be withheld.[63]

What information does a juvenile court record contain?

Information in a juvenile court record includes: “the court docket, petitions, complaints, information, arraignments, trials, sentencing, probation violation hearings and dispositions, motions and other papers filed in any case in any district; transcripts of testimony taken by the court; and findings, verdicts, judgments, orders, decrees and other papers filed in proceedings before the court of any district.”[64]     

Sealing and Expunging Delinquency Files or Records[65]

Do juveniles have access to post-dispositional representation for remedying distribution of records?

            A juvenile has a right to counsel in “all proceedings before the court.”[66] The court will appoint counsel when a juvenile or a juvenile’s parents are financially unable to pay for legal services.[67] While neither the Juvenile Corrections Act nor the Juvenile Rules expressly provide for post-dispositional advocacy, the state penal code provides that an indigent individual is entitled to representation in “post-conviction or post-commitment proceeding[s]… unless the court . . . determines that it is not a proceeding that a reasonable person with adequate means would be willing to bring at his own expense and is therefore a frivolous proceeding.”[68]

Do juveniles have the right or opportunity to seal or expunge arrest and court records?

Juveniles adjudicated under the Juvenile Corrections Act may petition the court for the expungement of records.[69] Idaho does not have a separate provision to ‘seal’ juvenile information, but an expungement does result in a sealed, confidential record.[70]  If the court grants the requested expungement, all records in the petitioner’s case will be removed from public access. [71] This includes fingerprints and law enforcement investigatory reports.[72]

A juvenile who committed a felony or was committed to the Department of Juvenile Corrections may petition the court for expungement five years after the juvenile court’s jurisdiction ends, five years after release from a juvenile corrections center, or after reaching the age of eighteen, whichever occurs last.[73] A juvenile who committed a misdemeanor or status offense and was not committed to the Department of Juvenile Corrections or was subject to the diversion process or informal adjustment may petition the court one year after the juvenile court’s jurisdiction ends or after reaching the age of eighteen.[74]

The court may not expunge a juvenile’s record of the conviction of a list of crimes enumerated by statute.[75]  The crimes include aggravated battery, arson, rape, voluntary manslaughter, and drug trafficking violations.[76] 

How does a juvenile expunge court records?

A juvenile may petition to expunge records in the court in the county where the disposition of the case was entered.[77] The petition must name the juvenile requesting expungement, identify the agencies with records sought to be expunged, and verify that the petitioner is in compliance with of the time requirements of the Idaho Code.[78] Upon receipt of the petition, the court will set a hearing date and notify the attorney who prosecuted the matter.[79] The prosecuting attorney and any person about the juvenile may testify at the hearing about any relevant information.[80]

At the hearing, the court must verify that the juvenile has not been adjudicated or convicted of certain crimes and that there are no currently pending criminal proceedings.[81] If the court concludes that the juvenile has been held accountable for the prior crime, has become a contributing member of society, and expungement will not endanger public safety, the court will order the removal of the juvenile’s files from public indices and records.[82] All records in custody of the court, other agencies, or officials will be ordered “sealed.”[83] The court ordering the records to expunged shall keep a special index of expungement proceedings, which is accessible by court order only to individuals who are either the subject of the records or named in the petition.[84] 

How will expunged juvenile records affect a juvenile in the future?

Once a court expunges a juvenile’s record, the juvenile’s case “shall be deemed never to have occurred,”[85] and a juvenile may respond accordingly to inquiries about prior records.  In fact, the juvenile has “the legal authority to deny, or at least fail to disclose, the expunged and sealed conviction.”[86]

Challenging Court Record and Arrest Record Accuracy

            A juvenile may inspect personal court and arrest records under the Idaho Juvenile Corrections Act and request an amendment to those records.[87] The Department of Juvenile Corrections will consider the request and make a determination within ten days.[88] If the Department determines that the records are inaccurate, irrelevant, or incomplete, it will make any necessary corrections.[89]  Should the Department refuse a request for amendment, the juvenile has a right to appeal that refusal.[90]

A juvenile may not inspect or request an amendment to records that are part of an ongoing investigation, are collected in anticipation of a civil action or other non-discoverable proceeding, are related to adoptions records, are otherwise exempt from disclosure by statute or court rules, or are maintained by a state or local agency that has or had custody of an adult or juvenile prisoner.[91]

Employment Opportunities

Can juvenile records be viewed for employment purposes?

            A criminal history and background check is required for various employment positions associated with the Idaho Department of Health and Welfare.[92] This check requires the disclosure of “any criminal record or criminal offense information”; it does not specify whether this must include juvenile adjudications..[93]  

What employers are authorized to view juvenile records?

The Department of Health and Welfare maintains a thorough list of the classes of individuals subject to criminal history and background checks.[94]  Some of these classes include owners, staff and operators of any children’s residential facility, mental healthcare staff, any childcare providers, all employees at state funded institutions, and emergency medical personnel.[95]  The entire list is enumerated by statute.[96]

Can employers view juvenile records that have been expunged?

If a juvenile’s record is expunged, only the person that is the subject of or named in the sealed record may petition the court to inspect that record.[97] If a juvenile record has been sealed, the case is treated as if it never occurred, and the subject of the sealed record may respond accordingly if questioned by employers.[98] This includes the right to deny and to fail to disclose the existence of the record.[99] 

What type of employers can disqualify applicants based on juvenile records?

            The Department of Health and Welfare employers that require a criminal history and background check, as listed above, shall deny employment to an applicant that has been convicted of a “disqualifying crime.”[100] Idaho legislation does not establish a time limit by which an applicant will no longer be denied employment due to the commission of a disqualifying crime.[101]

In addition, the following employers may disqualify applicants based on their juvenile records:

            Employment as an Attorney: Applicants to the Idaho State Bar must disclose acts committed as a juvenile regardless of how minor the act, whether guilty or not, whether exonerated or not, and whether or not sentencing was withheld.[102] Juvenile matters that have been expunged must also be disclosed.[103] An applicant may be denied admission to the bar for an act committed as a juvenile if the act would constitute a “serious crime” if committed by an adult.[104] Bar Counsel for the Idaho State Bar will determine whether a crime is “serious.”[105] Generally, “serious” crimes include felonies and lesser crimes that adversely affect a lawyer’s honesty, trustworthiness, or fitness.[106] Even if ultimately acquitted, being charged with a serious crime can be sufficient grounds to disqualify an applicant from admission to the Idaho State Bar,[107] unless special circumstances exist that may excuse an applicant’s disqualification.[108]

Employment at a Day Care Facility: An individual currently registered or required to register as a juvenile sex offender may not apply for or accept employment at any day care center.[109] A juvenile sex offender is also prohibited from being on the premises of any day care center while children are present.[110] Violation of these prohibitions by the juvenile sex offender is a felony.[111]

How should juveniles respond to inquires about a record on job applications?

Idaho legislation does not prohibit employers from requesting information about and considering criminal histories. An applicant should respond honestly to an employer’s inquiry regarding criminal arrests, convictions, adjudications, and proceedings, regardless of whether the incidents occurred as a juvenile or adult.

However, if a juvenile record has been sealed or expunged under the Juvenile Corrections Act, the juvenile has the “legal authority to deny, or at least fail to disclose, the expunged and sealed conviction.”[112] 

Which licensed occupations require disclosure of juvenile arrests or adjudications on license applications?

Juvenile arrests and convictions are not specifically listed as barriers in most license applications, but almost all license applications request information regarding felony convictions and crimes of moral turpitude.[113] The following licensing boards are among those that have the discretion to disqualify applicants based upon their juvenile records.[114]

Accountant: Individuals applying for an accountant’s license must disclose all juvenile records. The Idaho State Board of Accountancy votes to approve or deny all applications that disclose such information or fail to disclose information that the Board brought to the board’s attention.[115]

Employment at a Day Care Facility: Day Care owners, operators, employees who have direct contact with children, and volunteers or individuals twelve years or older who have unsupervised direct contact with children must submit to a criminal history check by the Department of Health and Welfare.[116] Criminal history checks on juveniles shall include a review of juvenile justice records, as authorized by the minor and his parent or guardian.[117]

Collateral Consequences Affecting Elementary & Secondary Education Students

Are there collateral consequences affecting access to elementary education for a juvenile that has been adjudicated delinquent or charged with a crime?

Idaho statewide law does not specifically address the effect a juvenile’s arrest or court record has on elementary education. However, school districts are required to implement comprehensive policies and procedures that address discipline, violence prevention, gun-free and drug-free schools, and student harassment.[118] Violating these district-wide policies may result in a student’s suspension or expulsion.[119] The superintendant or principal at any school has the discretion to temporarily suspend any student for disciplinary reasons or “other conduct disruptive of good order or of the instructional effectiveness of the school.”[120] Juveniles should refer to the policies and procedures for the relevant school district for more information.

Moreover, the board of trustees of any school district has the discretion to deny enrollment or attendance by expulsion at any of its schools to any student “who is an habitual truant, or who is incorrigible.”[121] The board of trustees also has the discretion to expel a student when it determines that a student’s conduct is “continuously disruptive of school discipline, or of the instructional effectiveness of the school, or whose presence in a public school is detrimental to the health and safety of other pupils, or who has been expelled from another school district in this state or any other state.”[122]

A student who faces temporary suspension or expulsion must be afforded due process. School authorities must provide notice of a violation to a student and the student is entitled to a hearing to challenge the accusations.[123]

Are there collateral consequences affecting access to state higher education for a juvenile adjudicated delinquent or charged with a crime?

            Idaho public undergraduate universities do not require applicants to disclose juvenile records.[124] Some professional degree programs, however, do require disclosure. Applications for the University of Idaho College of Law,[125] Boise State University Department of Nursing,[126] and Boise State Department of Social Work request information no juvenile records.[127]

Collateral Consequences to Receipt of Public Benefits & Privileges

Will a juvenile record affect chances of becoming a foster parent or adopting a child?

            The Idaho Board of Health and Welfare requires a criminal background check of prospective foster and adoptive parents.[128]  An applicant found to have committed a disqualifying crime is unconditionally denied eligibility to become a foster or adoptive parent.[129] Idaho legislation classifies crimes as requiring a permanent bar, or a five year time limit.[130]  does not create a time limit on when the commission of a “disqualifying crime” ceases to bar an applicant from becoming an adoptive or foster parent.[131] “Disqualifying crimes” are enumerated by statute.[132] 

Can a juvenile record (or a household member’s juvenile record) affect eligibility for public housing, or can an arrest or an adjudication of a juvenile household member result in a family being evicted from public housing?

Idaho law does not explicitly address the effect of a juvenile’s record on eligibility for public housing. The state’s public housing authorities, however, consider arrests and convictions of family and household members for drug-related, sex-related, and violent crimes.[133] The applications that request disclosure of this information do not distinguish between juvenile and adult records.

In addition, under federal laws, a landlord may terminate a public housing or Section 8 lease if the landlord determines that the tenant, any member of the household, a guest, or another person under the tenant’s control, has engaged in general or drug related criminal activity on or near the premises, is using illegal drugs, or a person’s drug use interferes with the health, safety, and right to peaceful enjoyment of the property by other residents.[134]  If a tenant is evicted for drug-related criminal activity, readmission of the entire household is prohibited for three years after the date of eviction unless (1) the household member who engaged in drug-related activity has successfully completed a rehabilitation program; or (2) the circumstances leading to the eviction no longer exist (e.g., the household member has died or is no longer part of the household).[135]  The public housing authorities can also request and access information from a drug abuse treatment facility regarding drug related offenses if a household member’s criminal record indicates a pattern of such activity.[136]  Federal law also permanently disqualifies sex offenders from public housing,[137] along with household that include a member who has been convicted, as an adult or juvenile, of manufacturing or otherwise producing methamphetamine on the premises of a federally assisted housing program.[138]

Can a juvenile record affect getting or keeping a driver’s license or permit?

A court sentencing a juvenile under the Juvenile Corrections Act for any violation may suspend or restrict the juvenile's driving privileges or take possession of the juvenile's driver's license for a period determined by the court.[139] This discretionary suspension or restriction is not limited to juvenile sentences related to driving or automobile violations.

If a juvenile can establish by a preponderance of the evidence that restricted driving privileges during the suspension period are necessary for employment or family health purposes, the court may grant such privileges upon request by the juvenile.[140]

Sexual Offender Registries (Sex, Domestic Violence, Predatory)

When will a juvenile have to register as a sex offender?

            Juvenile sex offenders are required to register with the Idaho state police.[141] A juvenile sex offender is defined as a person between the ages of fourteen and eighteen at the time the sex offense was committed.[142] Registration for sexual offenses is required when the juvenile is, (1) adjudicated delinquent under the Juvenile Corrections Act, (2) serving a formal probation period of detention or commitment to the Department of Juvenile Corrections, (3) adjudicated delinquent in another state for a substantially equivalent offense, or (4) required to register in another state for the commission of a sex offense in that state.[143]

            A juvenile convicted as an adult sex offender is required to register as an adult sex offender.[144]

Who has access to the sex offender registry?

            The Idaho State Police maintains a separate registry for juvenile sex offenders within the central sex offender registry and is responsible for disseminating the information.[145] The State Police also releases a cautionary statement regarding the accuracy and use of the sex offender information when any information in the registry is disclosed.[146]

Schools: Quarterly or upon request, the Idaho State Police provides the superintendent of public instruction with a list of registered juvenile sex offenders and include the address, date of birth, and adjudicated delinquency for each listed offender.[147] The superintendent will then notify a school district or private school of any enrolled registered juvenile sex offender and any known probationary or treatment status of that offender.[148]

Criminal Justice Agencies: Upon receipt of a juvenile sex offender registration, the Idaho State Police will notify law enforcement agencies in the jurisdiction where the juvenile sex offender resides and transmit the information to the Federal Bureau of Investigation for registration in the national sexual offender registry.[149] Further, the juvenile sex offender registry is available to criminal justice agencies online through the Idaho Law Enforcement Telecommunication System (ILETS).[150]

            Public: Information contained in the sex offender registry is publicly accessible in the interest of public protection.[151] The public may access this information online or by written request to the central registry or local sheriff.[152] The registry is accessible at the Idaho State Police website under the links to the Sex Offender Registry and Violent Sexual Predator List.[153] An individual may search for a list of juvenile sex offenders on the website by name, city, zip code, or county.[154]

Is there relief for those who are on the sex offender registry?

            When a juvenile sex offender reaches the age of twenty-one, the prosecutor may petition the court to transfer the juvenile’s registry to the adult registry.[155] If the court determines that the juvenile sex offender is likely to pose a threat to the safety of others, the juvenile’s offense will be classified as an adult criminal conviction, and the juvenile will be required to comply with registry requirements for adult sex offenders.[156] If no petition is filed or the court determines the juvenile is unlikely to pose a threat, the juvenile sex offender’s record is deleted from the central registry at the age of twenty-one.[157]

What information is disclosed?

            Schools: The superintendent of public instruction receives a list of registered juvenile sex offenders that includes the address, date of birth, and adjudicated delinquency for each listed offender.[158]

            Criminal Justice Agencies: Criminal justice agencies have access to all information collected through the juvenile sex offender registry.[159] This may include fingerprints, photographs, information collected from submitted forms, communications regarding notice of a duty to register, sexual offender registration, and notice of address change.[160]

            Public: The public may obtain an offender’s name, address, aliases, date of birth, crime(s) of conviction, place(s) of conviction, status as a violent sexual predator, and photograph.[161]

[11] Idaho Code Ann. § 20-509 (2009).
[12] Idaho Code Ann. § 20-505(5), (7) (2009).
[13] See infra note 16 and accompanying text (enumerating “violent offenses” and “controlled substances violations”).
[14] Idaho Code Ann. § 20-508(1) (2009).
[15] The Idaho Code does not define “infamous crimes against nature,” but the Idaho Supreme Court has explained that the term, as used in the Idaho Penal Code, “include[s] not only the crime of sodomy, but also all unnatural carnal copulations, whether with man or beast.” State v. Larsen, 81 Idaho 90, 337 P.2d 1, 4 (1959) (quoting State v. Altwatter, 29 Idaho 107, 157 P. 256, 257 (1916)).
[16] Idaho Code Ann. § 20-509(1)(j) (2009) (emphasis added).
[17] Any peace officer, prosecuting attorney, or authorized representative from the board of trustees from an Idaho school district with knowledge of the juvenile’s act may file the petition.  Idaho Code Ann. § 20-510 (2009).
[18] Idaho Code Ann. § 20-511(2) (2009).
[19] Id. While the Juvenile Corrections Act allows informal adjudications, Idaho courts often also allow for such informal adjustments after a finding of guilt at an evidentiary hearing. See Idaho Juv. R. 11, committee Comments (2010). When a juvenile is informally adjudicated, the court may 1) reprimand the juvenile; 2) require informal supervision with the probation department; 3) require community service; 4) order the juvenile to pay restitution to the victim; or 5) require participation in a community-based diversion program. Idaho Code Ann. § 20-511(2) (2009).
[20] Idaho Code Ann. § 20-519 (2009).
[21] Idaho Code Ann. § 20-520(1) (2009).
[22] Idaho Juv. R. 6(d)(5) (2010).
[23] See, e.g., Bannock County, Acknowledgement of Rights (2006), available at http://www.bannockcounty.us/juvenile/documents/Rights_Form.pdf (last visited July 5, 2010). (explaining a juvenile’s rights and how the juvenile’s case may be resolved but not enumerating collateral consequences attendant to a finding of guilt).
[24] This section only discusses arrest and police records. The treatment of all court records, including those related to adjudications and findings of guilt, is discussed in the next section.
[25] Idaho Code Ann. § 20-601(5) (2010). Between 2002 and 2007, forty-nine percent of juvenile offenders were arrested. Idaho State Police Statistical Analysis Center, Idaho’s Juvenile Crime, 2002-2007 10 (2008), available at http://www.isp.idaho.gov/pgr/Research/documents/JuvenileOffenderreport5.1_001.pdf (last visited July 5, 2010)..
[26] Id.
[27] Idaho Code Ann. § 20-516(3) (2010).
[28] Idaho Code Ann. § 20-516(8) (2010).
[29] Id.
[30] Id.
[31] See Idaho Code Ann. § 19-5506(a)-(b) (2010) (enumerating the crimes that require collection of a DNA sample), available at http://www.legislature.idaho.gov/idstat/Title19/T19CH55SECT19-5506.htm (last visited May 18, 2010).
[32] Idaho State Police, FAQ, available at http://www.isp.idaho.gov/identification/crime_history/faqs.html (last visited July 5, 2010).
[33] The website may be searched by party name or case number. Idaho State Judiciary, Idaho Supreme Court Data Repository, available at https://www.idcourts.us/repository/mainpublic_id.do?forward=mainpublic_id (last visited July 5, 2010).
[34] Idaho State Police, FAQ, available at http://www.isp.idaho.gov/identification/crime_history/faqs.html (last visited July 5, 2010).
[35] Cf. id. (explaining that juvenile records are not publicly available). 
[36] Idaho Code Ann. § 20-510 (2009).
[37] Idaho Code Ann. § 20-510 (2009).
[38] Idaho Code Ann. § 20-511(3) (2009); Idaho Department of Juvenile Corrections, Idaho Juvenile Offender System Board, available at http://www.idjc.idaho.gov/AboutIDJC/Boards/IdahoJuvenileOffenderSystemBo... (last visited May 11, 2010).
[39] Idaho Admin Code. r. 05.01.01.206.01 (2008) (listing court documents and dispositions as among the documents kept in this file).
[40] Idaho Admin Code. r. 05.01.01.206.06 (2008).
[41] Idaho State Judiciary, Idaho Supreme Court Data Repository, https://www.idcourts.us/repository/start.do (last visited November 17, 2010). 
[42]Id.
[43] Idaho Ct. Admin. Code r. 32(g)(9)(E) (2009).
[44] The public may search juvenile status offenses or probation violations by the juvenile’s name or case number. Idaho State Judiciary, Idaho Supreme Court Data Repository, available at https://www.idcourts.us/repository/start.do (last visited Sept. 30, 2010).
[45] A court may enter such an order upon a request or its own motion.  I.C.A.R. r. 32(g)(9)(B) (2009).
[46] Idaho Code Ann. § 20-525(1) (2009).
[47] Idaho Code Ann. § 20-525(2) (2009).
[48] I.C.A.R. r. 32(g)(9)(C) (2009).
[49] I.C.A.R. r. 32(g)(9)(D) (2009).
[50] Idaho Code Ann. § 20-520(1) (2009).
[51] See generally I.C.A.R. r. 32 (2009) (detailing the right of public access to court filings).
[52] Idaho Code Ann. § 20-525(5) (2009).
[53] Idaho Code Ann. § 9-340B(2) (2010).
[54] Id.; Idaho Admin. Code r. 05.01.01.206.05(b) (2005).
[55] Idaho Admin. Code r. 05.01.01.206.05(b)(iv) (2008).
[56] Idaho Admin. Code r. 05.01.01.206.05(b)(v) (2005).
[57] Idaho Code Ann. § 9-340B(2) (2009); Idaho Ct. Admin. Code r. 32(g)(9)(F) (2009).
[58] Idaho Code Ann. § 9-340B(2) (2009); Idaho Ct. Admin. Code r. 32(g)(9)(F) (2009).
[59] Idaho Admin. Code r. 05.01.01.206.05(b)(ii) (2008).
[60] Idaho Code Ann. § 9-342(1) (2010). 
[61] Idaho State Judiciary Media Guide to Idaho Courts, Getting Court Records,  http://www.isc.idaho.gov/mguide/court_records.html (last visiting November 17, 2010). 
[62] Idaho State Judiciary, Request to Inspect or Copy Judicial Records,   http://www.isc.idaho.gov/recordrq.rtf (last visited November 17, 2010). 
[63] Idaho Admin Code. r. 05.01.01.206.06 (2008).
[64] Idaho Code Ann. § 20-525(1) (2009).
[65] The Idaho Juvenile Corrections Act uses the terms “expunge” and “seal” interchangeably.
[66] Idaho Juv. R. 9(a) (2010).
[67] Idaho Code Ann. § 20-514 (2009).
[68] Idaho Code Ann. § 19-852 (b)(3) (2010).
[69] Juvenile records are only expunged or sealed by formal petition. Idaho legislation does not provide for automatic expunging or sealing of juvenile records when the juvenile becomes an adult.  Idaho Code Ann. § 20-525A (2009 ).
[70] Idaho Code Ann. § 20-525A (2009)
[71] Idaho Code Ann. § 20-525A(5) (2009).
[72] Id 
[73] Idaho Code Ann. § 20-525A(1) (2009). The petition may only be made upon the latest of these three occurrences.
[74] Idaho Code Ann. § 20-525A(2), (A)(3) (2009). The petition may only be made upon the latest of these two occurrences.
[75] Idaho Code Ann. § 20-525A(4) (2009)
[76] Id. 
[77] Idaho Code Ann. § 20-525A(1) (2009); Idaho Juv. R. 28(a) (2007).
[78] Idaho Juv. R. 28(a) (2007); see generally Idaho Code Ann. § 20-525A (2009) (requiring that a juvenile’s record may only be expunged if a fixed amount of time has passed, if the petitioner has not been adjudicated or convicted of certain crimes, and if the “petitioner has been held accountable, is developing life skills necessary to become a contributing member of the community and that the expungement of the petitioner's record will not compromise public safety.”).
[79] Idaho Code Ann. § 20-525A(1)-(3) (2009).
[80] Id.
[81] Idaho Code Ann. § 20-525A(5) (2009).
[82] Id.
[83] Id.
[84] Id.
[85] Id.
[86] Jensen v. State, 139 Idaho 57, 72 P.3d 897, 903 (2003) (holding that it is unlawful for state agencies to require license applicants to disclose sealed or expunged records but that doing so does not constitute an invasion of privacy).
[87] Idaho Code Ann. §§ 9-342(2), 20-525(4) (2009).
[88] Idaho Code Ann. § 9-342(2) (2009).
[89] Idaho Code Ann. § 9-342(2)(a) (2009).
[90] Idaho Code Ann. § 9-342(2)(b) (2009).
[91] Idaho Code Ann. § 9-342(3)(a) (2009).
[92] Idaho Admin. Code r. 16.05.06.000 (2008).
[93] Idaho Admin. Code r. 16.05.06.120 (2008); Idaho Department of Health and Welfare, Applicant Guide Brochure (2010), https://chu.dhw.idaho.gov/Documents/Brochure.pdf  (last visited July 5, 2010); see also Jensen, 72 P.3d, 903 (holding that it is unlawful for a state agency to require the disclosure of sealed or expunged juvenile records).
[94] Idaho Admin. Code r. 16.05.06.100 (2008).
[95] Id. 
[96] Id. 
[97] Idaho Code Ann. § 20-525A(5) (2009).
[98] Id. Some employers do require the disclosure of sealed records. For example, applicants to the Idaho Bar must disclose juvenile matters that have been expunged. The Idaho Supreme Court, however, has held that it is unlawful for the state to require the disclosure of sealed and expunged juvenile records. Jensen, 72 P.3d, 903.
[99] Id.
[100] Idaho Admin. Code r. 16.05.06.210 (2008); see also notes Error! Bookmark not defined.-Error! Bookmark not defined. and accompanying text (listing “disqualifying crimes”).
[101] For example, if a sixty-five year old applicant committed a disqualifying crime as a fifteen-year juvenile, the Department of Health and Welfare is still required to deny the applicant employment.
[102] Idaho State Bar, Application for Examination and Admission to the Idaho State Bar at 9, available at http://isb.idaho.gov/pdf/admissions/web_be_application.pdf (last visited July 5, 2010)
[103] Idaho Bar Commission, Application for Examination and Admission to the Idaho State Bar at 9, available at http://isb.idaho.gov/pdf/admissions/web_be_application.pdf (2009) (last visited July 5, 2010).
[104] I.B.C.R. 210(a)(2) (2010).
[105] I.B.C.R. 208(a).
[106] I.B.C.R. 501(p), 512(b) (2008).
[107] I.B.C.R. 208(b) (1986).
[108] Id.
[109] Idaho Code Ann. § 18-8414(1) (2010).
[110] Id. The offender may only be present to pick up or drop off his or her own children.
[111] Id.
[112] Jensen, 72 P.3d, 903.
[113] Generally, no distinction is made for crimes of moral turpitude committed as a juvenile or adult. For a list of links to professional licensing applications in Idaho, visit http://idaho.gov/business/licensing.html.
[114] This list of licensing boards with the discretion to disqualify applicants based upon their juvenile records is non-exhaustive.
[115] Idaho Code Ann. § 54-219 (2010).
[116] Idaho Code Ann. § 39-1105(1) (2010).
[117] Idaho Code Ann. § 39-1105(2) (2010); see also Idaho Code Ann. § 39-1113 (2010) (listing the grounds for denial of a basic day care license).
[118] Idaho Admin. Code r. 08.02.03.160 (2009).
[119] See, e.g., Blackfoot School District No. 55, Discipline Policy Handbook—Summary, Student/Parent Copy (2009), available at http://www.d55.k12.id.us/discipline&.pdf (explaining that offenses such as possession of dangerous weapons in school or illegal substances will result in expulsion or suspension) (last visited May 11, 2010)
[120] Idaho Code Ann. § 33-205 (2010).
[121] Idaho Code Ann. § 33-205 (2010). A “habitual truant” is defined as any student that the board of trustees determines has repeatedly violated the attendance requirements established by the board or any child whose parents have failed or refused to comply with compulsory school attendance requirements. Idaho Code Ann. § 33-206(1) (2010).
[122] Idaho Code Ann. § 33-205 (2010).
[123] Idaho Code Ann. § 33-205 (2010).
[124] Boise State University, Application for Undergraduate Admissions to Idaho’s Public Colleges & Universities (2010), available at http://admissions.boisestate.edu/pdf/UndergraduateCommonApp2010.pdf (last visited May 11, 2010).
[125] University of Idaho College of Law, Application for Regular Fall Admission, available at http://www.uidaho.edu/law/admissions/applyingtolawschool/~/media/Files/Law/Admissions.ashx (last visited January 26, 2011) (requesting disclosure of all criminal and juvenile matters, including records that have been sealed or expunged)
[126] Boise State University Department of Nursing, Background Checks Will Be Required for All Nursing Students, available at http://nursing.boisestate.edu/programs/background.html (last visited May 11, 2010) (requiring all students admitted to a College of Health Science clinical program to submit to a criminal background check).
[127] Boise State University School of Social Work, Application for Admission—Master of Social Work at 4 (2010), available at  http://www.boisestate.edu/socwork/Materials/MSW/MSW.pdf (requiring all students admitted to the program to submit to a criminal background check).
[128] Idaho Code Ann. § 39-1211 (4) (2010).
[129] Idaho Admin. Code r. 16.05.06.210 (2008).
[130] Id. 
[131] Idaho Code Ann. § 39-1211 (2010)
[132] Id. 
[133]See, e.g., Boise City/Ada County Housing Authority, Application for Assistance at 2 (2009), available at http://www.bcacha.org/rental_assist_app_12-07-2009.pdf (last visited May 10, 2010) (asking applicants whether “any member of your family [has] been evicted from an assisted housing program within the last three (3) years because of drug activity,” whether “any household member [has] been charged with drug-related or violent criminal activity within the past three (3) years,” and whether “any household member [is] subject to a lifetime registration requirement under a State sex offender registration program”); Caldwell Housing Authority, Application at 2, 4, 20, available at http://chaidaho.org/Rental.pdf (last visited May 10, 2010) (requesting applicants to disclose evictions for drug or other criminal related activities and to authorize a criminal background check for all adults living in the household); Housing Authority of Pocatello, Preliminary Application for Housing Choice Voucher Program Assistance at 4, available at http://www.housingauthorityofpocatello.org/forms/Prelim_App_for_HCVPA.pdf (last visited May 10, 2010) (asking whether “you or any member [have] been convicted of drug-related or violate [sic] criminal activity within the last 3 years”; Idaho Housing and Finance Association, Rental Assistance Application at 2 (2009), available at http://www.ihfa.org/portals/1aefd484-8f22-4f8c-93cd-1c7373969c55/media/r...  (last visited May 10, 2010) (asking applicants whether “anyone in the household [is] a registered sex offender in Idaho or any other state,” whether “you, or any household member listed, [has] ever been arrested or convicted of violent criminal history,” and whether “you, or any household member listed, [has] ever been arrested or convicted of a drug-related criminal activity”); Nampa Housing Authority, Application, available at  http://www.nampahousing.com/ (click on “Application – English”) (last visited May 10, 2010) (asking applicants whether “you or anyone else in your household [have] ever been involved in, arrested for, or convicted of any crime other than traffic violations” or whether “you or anyone else in your household [have] ever been involved in, arrested for, or convicted of drug activity,” requesting applicants to submit to a criminal background check, and explaining that any person who has a criminal or drug-related history cannot be added to the household).
[134] 24 C.F.R. § 5.861 (2010). 
[135] 24 C.F.R. § 960.204(a) (2010).
[136] 24 C.F.R. § 960.205(e)(1)(i)(A) (2010).
[137] 42 U.S.C. § 13663(a) (2010).
[138] 42 U.S.C. § 1437n(f)(1) (2010); 24 C.F.R. § 966.4(l)(5)(i)(A) (2010).
[139] Idaho Code Ann. § 20-520(1)(g) (2010).
[140] Id.
[141] Idaho Code Ann. § 18-8404 (2010)
[142] Idaho Code Ann. § 18-8402 (2010). For a list of sexual offenses requiring registration, see Idaho Code Ann. § 18-8304 (2010).
[143] Idaho Code Ann. § 18-8403 (2010).
[144] Idaho Code Ann. § 18-8411 (2010).
[145] Idaho Code Ann. § 18-8404 (2010).
[146] Idaho Code Ann. § 18-8323(5) (2010).
[147] Idaho Code Ann. § 18-8408 (2010).
[148] Id.; see also notes 118–123 and accompanying text (explaining the discretion that individual schools and school districts have in suspending or expelling students).
[149] Idaho Code Ann. §§ 18-8305, 18-8404 (2010); Idaho State Police, A Guide to the Idaho Sex Offender Program 18 (2009), available at http://www.isp.idaho.gov/identification/sex_offender/documents/WholeGuide.pdf (last visited November 17, 2010).
[150] Id.
[151] Idaho Code Ann. §§ 18-8323, 18-8404 (2010).
[152] Idaho Code Ann. § 18-8323(1)-(2) (2010)
[153] Idaho State Police, Idaho SOR – registry search, http://www.isp.idaho.gov/sor_id/search.html (last visited November 17, 2010); Idaho State Police, A Guide to the Idaho Sex Offender Registration Program (August 2009), http://www.isp.idaho.gov/identification/sex_offender/documents/WholeGuide.pdf (providing detailed information and the necessary forms to request information on sex offenders directly from the central registry or the local sheriff).
[154] Id.
[155] Idaho Code Ann. § 18-8410 (2010).
[156] Id.
[157] Id.
[158] Idaho Code Ann. § 18-8408 (2010).
[159] Idaho Code Ann. § 18-8404 (2010). 
[160] Idaho Code Ann. §§ 18-8305(1), 18-8404 (2010).
[161] Idaho Code Ann. §§ 18-8323(2)(e), (3), 18-8404 (2010).