Overview Description

Records relating to a conviction for prostitution under section 18-5613, or other offenses that were the result of acts induced by human traffickers, can be vacated by the court and expunged if filed within a reasonable time after conviction. Idaho Code § 67-3014(2), (4).

Ineligible Category or Citation

Offenses for which a defense of coercion would not be available are ineligible. Idaho Code § 67-3014(2). Relief is not available under this section if petitioner raised the affirmative defense of coercion at trial and was convicted. Idaho Code § 67-3014(3).

Procedure General

The petition to vacate and expunge must be filed in court within a reasonable time after the arrest, prosecution, or conviction. Idaho Code § 67-3014(4). For the specific procedure see Idaho Code § 67-3014.

If the court finds that the petitioner has demonstrated by a preponderance of the evidence that their participation in the offense occurred when they were a victim of human trafficking and was a result of acts required by the human trafficker, then the court will vacate the conviction and order expungement of the records. Idaho Code § 67-3014(10).

Fees

There is no statutory language regarding fees.

Effect

The person is deemed as never having been arrested, prosecuted or convicted for the expunged charges, and the person can so swear under oath. Records that were expunged will not be used against the person for any purpose. All the expungement proceedings are sealed. Idaho Code § 67-3014(11)-(14).

Waiting Periods

There is no waiting period. The petition must be filed within a reasonable time after the conviction.

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