2013 Idaho Statutes
Title 18 - CRIMES AND PUNISHMENTS
Chapter 83 - SEXUAL OFFENDER REGISTRATION NOTIFICATION AND COMMUNITY RIGHT-TO-KNOW ACT
Section 18-8310 - RELEASE FROM REGISTRATION REQUIREMENTS -- EXPUNGEMENT.
(2) The county prosecuting attorney and the central registry may submit evidence, including by affidavit, rebutting the assertions contained within the offender's petition, affidavits or other documents filed in support of the petition.
(3) The district court may grant a hearing if it finds that the petition is sufficient. The court shall provide at least sixty (60) days' prior notice of the hearing to the petitioner, the county prosecuting attorney and the central registry. The central registry may appear or participate as a party.
(4) The court may exempt the petitioner from the registration requirement only after a hearing on the petition in open court and only upon proof by clear and convincing evidence and upon written findings of fact and conclusions of law by the court that:
(5) Concurrent with the entry of any order exempting the petitioner from the registration requirement, the court may further order that any information regarding the petitioner be expunged from the central registry.
History:
[18-8310, added 1998, ch. 411, sec. 2, p. 1282; am. 2000, ch. 236, sec. 2, p. 664; am. 2001, ch. 194, sec. 3, p. 661; am. 2009, ch. 68, sec. 1, p. 191; am. 2011, ch. 311, sec. 10, p. 892.]
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