Idaho Criminal Records
What is a Criminal Record?
Criminal records 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.
In the state of Idaho, the Idaho Police Bureau of Criminal Identification serves as the central repository for criminal records in the state. It maintains an automated database for collating and updating criminal information transmitted by Idaho Criminal Justice agencies all through the state.
The information collated by the Bureau is accessible to authorized criminal justice agencies. The repository also serves as the official source of a person’s criminal history in Idaho. Any interested person may search through the online database by fingerprint or by name. To search by name, the interested persons must complete the appropriate form and pay the required fees.
Note: Criminal records reflected on the BCI website are collated based on the fingerprint card usually taken or administered at the time of arrest, Without the fingerprint card, the BCI cannot obtain or provide criminal information.
What's contained in a Criminal Record?
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
Can Anyone Access Criminal Records?
In compliance with Idaho state laws, criminal records fall under the umbrella of public records and therefore can be accessed by almost anyone except where protected by law or court order. For instance, the status of trial court cases from various counties in Idaho may be found on the icourt website but to obtain details of those records, especially those information that is excluded from public disclosure, the interested person may have to contact the Courts directly. Other information such as details of an arrest, location of the offender and so on are maintained by different agencies at the state and county level and obtaining such information often requires visiting each agency and or county website to see if they provide online access or to contact them by mail, telephone or in-person. An interested person may also search Idaho criminal records online through the staterecord.org.
What are Arrest Records?
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.
What's in an Arrest Records?
Information contained in an arrest record may include
- Name and aliases of the arrested person
- Date of birth
- Physical description like height, weight, complexion
- Identifying marks such as tattoos
- Classification of crimes allegedly committed, felony or misdemeanor.
Arrest records generally remain public unless they are sealed or expunged by a court order.
What are Arrest Warrants?
An arrest warrant is a document issued by a court to law enforcement officers, giving them the legal power to arrest a person or persons named on the warrant. The court grants the arresting officers the authority to arrest only after they have convinced the court that there is a high possibility, based on the facts and circumstances that the offender is responsible for or is linked to the alleged crime. Convincing the court usually requires the prosecutor or law enforcement officers to present a sworn statement of fact (affidavit), showing that they have adequate reason also referred to as probable cause to arrest the individual or persons named on the warrant.
Can Arrests be made without an Arrest Warrant in Idaho?
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. Idaho law 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.
What is a Misdemeanor in Idaho?
A misdemeanor is any criminal act or omission classified under Idaho Laws as a misdemeanor. 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. Misdemeanors under Idaho laws include those listed below, and many others
- Petty theft
- Disorderly conduct
- Reckless driving
- Driving while intoxicated (DWI)
What are Felonies in Idaho?
Felonies are the most serious class of offenses and often involve causing 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 5 years imprisonment in the state prison, a fine of up to $50,000 or both.
What is a Sex Offender Listing?
A sex offender listing is a database of information on persons who are mandated by Idaho law to register for their past sex crimes convictions. Sex offender listings are accessible to the public and often provide information on persons who have been convicted for felony sex crimes such as rape, sexual relations with a minor and so on. Information accessible on the sex offender registry may include
- Name of the offender
- 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 noncompliant offenders. Noncompliant offenders 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 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.
What's a Traffic Violation?
Traffic violations constitute a breach of Idaho State traffic laws and regulations. Serious Traffic violations often result in serious consequences for the offenders and sometimes for the victims. Consequences for the traffic offender could include a large fine, suspension of driver’s license and incarceration. Victims may suffer physical harm, Trauma, damage to property and quite possibly, loss of life.
Traffic offenses generally can be as minor as an infraction or as serious as a felony, depending on the circumstances of the case and the effect of the offender’s actions or omissions. Repeat offenders and persons who have accumulated several unpaid tickets may also be charged with a serious traffic offense.
What Constitutes Serious Traffic Violations in Idaho?
A few examples of traffic violations in Idaho include
- Driving Under the Influence (DUI)
- Exceeding speed limits
- Neglecting to pay fines or tickets issued for traffic violations
- Violating a vehicle out of service order by a commercial driver
- Driving with a suspended license
- Reckless driving
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 on the Idaho State repository for a very long time unless the records are sealed by a court. The record of conviction will continue to appear on the Idaho State repository or the iCourt website.
What are Idaho Jail and Inmate Records
Jail and inmate records are official documents of information about a person’s current and sometimes past inmate status. A person who is in jail or considered an inmate is someone who has been deprived of his/her civil liberties while on trial for a crime or while serving after being convicted of a crime. The Idaho Department of Corrections maintains an inmate database 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
- sometimes a photograph of the inmate.
What are Parole Records 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 Commission would usually conduct a risk assessment of the inmate 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 may be considered by the commission 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
- Their 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 guarantees parole will be granted or that an inmate is entitled to parole.
What are Probation Records?
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 successfully complete the probation period, the possible conviction is set aside and the offender can honestly answer ‘‘No’’ to a question on whether they have been convicted for a crime. The Idaho Bureau of Probation and Parole has the authority to impose the conditions of probation, under the supervision and control of the Court. 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, 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.