House Bill 189 Summary

• Allows persons arrested for or convicted of nonassaultive/nonviolent misdemeanors or felony drug possession to petition courts to shield their criminal records from public disclosure in accordance with Idaho Supreme Court rules.

• Requires petitioner to wait at least 5 years after completing their sentence (including probation, parole, fines, and restitution) before filing a petition, and must have no subsequent felony or misdemeanor convictions, no pending cases, and no restraining orders during that period.

• Court must find petitioner is eligible and that shielding records would not compromise public safety or victim safety before ordering records shielded; upon shielding, all public references to arrest, prosecution, or conviction must be removed from government indexes and records.

• Allows limited one-time use of record shielding per person during their lifetime; shielded records remain accessible to law enforcement, prosecutors, and court officers for investigations, prosecutions, and victim communication purposes.

• Designates assaultive/violent misdemeanors (assault, battery, domestic battery, stalking, protection order violations, telephone harassment, vehicular manslaughter, excessive DUI) as ineligible for record shielding.