What is an Idaho Criminal Record?
Criminal records in Idaho are official documents that contain information on a person's criminal history or involvement in criminal activities. Also known as a rap sheet, these records contain information assembled, compiled, and updated by law enforcement authorities from local, county, and state jurisdictions, courts, and correctional facilities. The Idaho Police Bureau of Criminal Identification serves as the central repository for criminal records at the state level. Other police records, such as arrest records, arrest warrants, incident reports, and police logs, also detail an individual's interaction with law enforcement. However, criminal records provide the most comprehensive information, especially if definitive proof of guilt is required.
Are Criminal Records Public in Idaho?
Yes, individuals are allowed access to criminal records thanks to the Idaho Freedom of Informations Act (FOIA). Under the FOIA and state open records legislation, criminal history documents are deemed to be public. Without previous approval, interested parties may get the materials in this file from the record administrator. It's worth noting, nevertheless, that the record custodian differs per jurisdiction. The state's principal law enforcement agency is often designated as the record custodian for criminal records.
While records vary from person to person, most criminal records contain information related to the subject's identity and location as well as the details of any charges, arrests, or convictions. Some of the general information contained in a record may include:
- Full name of the subject and any known aliases
- Past and current addresses
- Date of birth
- A photograph or mugshot
- Past arrests
- Pending and acquitted charges
- Past and current warrants
Criminal records, considered public in the United States, are made available through some third-party aggregate sites. Searching with third-party websites is often easier as the information is not limited to geographic record availability. Information found on third-party websites can serve as a jumping off point for parties searching for a specific record or multiple records. Typically, requesters must provide the following information to gain access to these records:
- The record subject's name, unless the subject is a juvenile.
- The record subjects' last known location, including cities, counties, and states.
Third-party websites offer these search services, but they are not government sponsored. Availability of records may vary.
How to Obtain Criminal Records in Idaho?
Interested persons may obtain public criminal records from the Idaho Bureau of Criminal Identification. The Bureau processes requests for name-based criminal records and fingerprint-based criminal record search, per the requester's preference. Either service costs $20.00 per subject. Requesters who cannot afford to pay these fees or wish to perform a free public criminal record check may contact the Bureau for a fee waiver. However, the information obtained can vary.
What are Arrest Records in Idaho?
Idaho arrest records are official documents containing details of persons taken into custody by law enforcement officers on suspicion or allegation of crime. An arrested person may be apprehended while committing a crime or following the violation of the Idaho Code. They may be taken into custody after an investigation, for questioning during an investigation, or at any point at all in which they are considered a threat to public safety and may be detained by law enforcement personnel. Generally, an arrest warrant is obtained by law enforcement agencies before a person is arrested, but this is not always the case. Information contained in an arrest record include:
- Name and aliases of the arrested person
- Date of birth
- Physical descriptors like height, weight, and complexion
- Identifying marks such as tattoos
- Offense classification
Are Arrest Records Public in Idaho?
Yes, access to free arrest records in Idaho is possible, according to the Idaho Public Records Act. However, there are certain limits to making an arrest search. For example, disclosing public arrest records might jeopardize safety and confidentiality in situations when the indictment is part of an ongoing criminal case. In such situations, law enforcement can keep the arrest record hidden from the public domain. Residents seeking public arrest records can carry out record searches via the Sheriff's Department website.
What are Arrest Warrants in Idaho?
An Idaho arrest warrant is issued by the court to law police officers, giving them the authority to arrest a person or persons named on the warrant. Although law enforcement officers are required to obtain a warrant before an arrest, this is not always possible, especially when the crime is being committed in the presence of the officer. Section 19-603 of the Idaho Statutes allows an arrest without a warrant in such situations and also when the crime committed is a felony, and the officer believes the person arrested has committed it, notwithstanding that the crime was not committed in the presence of the officer.
Residents can find arrest warrants by visiting the Sheriff's office located in each county of the state. It is also possible to perform an active warrant search via online databases created by each Sheriff.
What are Inmate Records in Idaho?
Idaho inmate records are official information documents about a person's current and sometimes past inmate status. A person in jail or considered an inmate has been deprived of their civil liberties while on trial for a crime or while serving after being convicted of a crime. Inmate search tools are available in person at each Sheriff's department in the county. The Idaho Department of Corrections maintains an inmate lookup that often includes information like:
- First, middle and last name of the inmate, including aliases
- Date of birth
- Date of incarceration
- Expected release date
- Offense(s) for which the inmate was convicted
- Name of the facility in which the inmate is located
- Inmate's photograph, if available.
What Is The Idaho Sex Offender Registry?
The Idaho Sex Offender Registry is a database of information on persons who are mandated by Idaho law to register for their past sex crimes convictions. According to Idaho Sexual Offender Law, persons convicted for sex crimes, such as rape, sexual relations with a minor, and even public indecency must register on the Idaho sex offender registry. Information of registered sex offenders may include:
- Date of birth and ages
- Area of residence and their location
- The category of sexually motivated crime for which they were convicted
The sex offender registry also provides the public with updated information on offenders who are compliant with the registration and probation conditions which are requirements for allowing them to remain within the community and information on non-compliant offenders. Noncompliant sex offenders in Idaho may be arrested and incarcerated. An interested person may visit the official website of the Idaho state police and search the sex offender registry by the name of offender, location, city, county, zip code, and subscribe for updates on the movement in or out of a location and status of the sex offenders of interest. Requesters can also find information on sex offenders in Idaho via the National Sex Offender Registry managed by the US Department of Justice.
What is a DUI in Idaho?
Driving under the influence or a DUI in Idaho is a serious traffic violation in the state ascribed to motorists who flaunt the state’s drunk driving laws. Road users showing signs of being impaired when driving may be required to take sobriety tests. Law enforcement agencies conduct sobriety tests to ascertain the blood alcohol content (BAC) of suspected motorists driving under the influence. According to Idaho drunk driving laws, individuals showing above 0.08 BAC may be charged with traffic violations.
Penalties for drunk driving in Idaho include license suspension, payment of fines, and jail time. In other cases, the Idaho Transportation Department may mandate such persons to enroll in driving schools. Further traffic violations from the same person may lead to license revocation. As such, the offender will no longer be able to operate a motor vehicle in Idaho.
What are Misdemeanors vs. Felonies in Idaho?
A misdemeanor is any criminal act or omission classified under Section 18-113 of the Idaho Statutes. Misdemeanors often carry less severe penalties in comparison to felonies, but they are also serious in that a misdemeanor charge creates a criminal record, and a conviction could result in punishment of up to 6 months in County jail, a fine of up to $1000, or both. Below are some Misdemeanor examples listed under Idaho laws.
- Petty theft
- Disorderly conduct
- Reckless driving
- Driving while intoxicated (DWI)
A Felony is the most serious class of offenses. Felony examples cover any grievous harm to persons (victims), destruction of property, and enormous disregard for the laws, government, institutions, and society in general. The Idaho laws prescribe the penalty for specific offenses, and when no punishment is specifically prescribed, a felony is punishable by five (5) years imprisonment in the state prison, a fine of up to $50,000, or both.
What is Probation and Parole in Idaho?
Parole records are official documents that include information about the release of a prisoner who agreed to certain conditions before completion of their maximum sentence. The Idaho Commission of Pardons and Parole has the authority and discretion to grant or deny parole and has complete authority to assign special conditions of parole. The parole board would usually conduct a risk assessment of inmates before a decision on whether or not they will be allowed to serve the remaining term of their sentence within the community but strictly under the supervision of a corrections officer. Factors that the Commission may consider in making a decision to approve or deny an inmate's request for parole include
- Evidence that the inmate is ready and willing to fit into society and become a law-abiding citizen
- Prior criminal history
- Inmate's behavior while incarcerated.
- Aggravating or mitigating factors in the crime for which the offender was convicted
- Parole is a privilege, and nothing under Idaho Laws or the regulations of the Commission parole will grant parole or that an inmate is entitled to parole.
Probation records provide information on persons who have been convicted of a crime but ordered by the Court to serve their sentences within the community instead of under incarceration. Probation is usually granted as opposed to imprisonment to offenders who are eligible to retain some of their civil liberties under the supervision of a corrections officer and mandatory conditions. Probation may also be granted under a suspended sentence or withheld judgment.
Withheld judgment is a judgment yet to be imposed on an offender. Rather it is kept on hold, and if the offender is able to complete the probation period successfully, the possible conviction is set aside. The offender can honestly answer "No" to a question on whether they have been convicted for a crime. The Idaho Bureau of Probation has the authority to impose the conditions of probation under the supervision and control of the Court. Offenders charged with violating probation, you're in big trouble. Any jail or prison time that was suspended as part of your initial sentence might be imposed by the Court. This may be weeks, months, or even years in prison.
The Probationer must agree to the terms of probation and sign an agreement of supervision during their orientation process. conditions of probation may include:
- Submitting to random alcohol and drug testing
- Reporting to a probation officer regularly
- Maintaining a gainful and lawful employment
- Remaining within the same location or community, job, residence unless granted permission to relocate.
- Performing mandatory community service
- Paying applicable fees, fines, and victims' restitution.
- Other conditions that are specific to the Probationer's case.
What are Juvenile Criminal Records?
A juvenile criminal record contains information maintained by law enforcement agencies, the juvenile corrections department, the Court on a person who is declared to have committed an offense under Idaho laws but is below the legal adult age of 18.
Unlike other states, adjudication is considered a conviction under Idaho laws, and juvenile criminal records are generally not confidential. Confidentiality is an exception to the general rule and applies when the child is below the age of 14, and the Court and prosecutor agree that special circumstances exist that require the juvenile records be withheld from the public. The name, date, and the offense for which a minor is adjudicated remain public unless expunged in accordance with the Idaho law on expungement provided the crime for which the juvenile was adjudicated is not excluded from expungement. The expungement of juvenile records achieves the same results as sealing the records.
What are Conviction Records?
A conviction record provides information that a court or jury has formally declared that a person named in that record has been charged with committing an offense and found or pleaded guilty of that offense. A conviction does not only create a conviction record but forms part of a criminal record and is the basis on which the offender is sentenced to incarceration, probation, ordered to pay a fine, register as an offender, or live within the society under the supervision of law enforcement or corrections officers.
Under Idaho law, expungement is only permitted under very strict and very specific circumstances that do not include a conviction. An adult's conviction records remain in the Idaho State repository for a very long time unless a court seals the records. The record of conviction will continue to appear on the iCourt Portal.