House Bill 104 Summary

• Allows persons arrested for or convicted of non-assaultive misdemeanors or felony drug possession (under Idaho Code 37-2732) to petition courts to have their criminal records shielded from public disclosure if eligible under specified conditions.

• Requires petitioners to wait at least 5 years after completing their sentence, probation, parole, fines, and restitution before filing a petition, and mandates they have no subsequent felony or misdemeanor convictions, no pending cases, and no active restraining orders.

• Upon court approval based on findings of accountability and public safety, shielded records become unavailable to the public but remain accessible to law enforcement, court officers, and the petitioner; the court must notify the Idaho State Police and Supreme Court of all shielding orders.

• Permits revocation of shielding if the petitioner is subsequently convicted of a felony (mandatory revocation) or misdemeanor (permissible revocation) as part of sentencing.

• Limits each person to one lifetime petition to shield records and designates specific assaultive/violent misdemeanors (assault, battery, domestic battery, stalking, protection order violations, telephone harassment, vehicular manslaughter, and excessive DUI) as ineligible for shielding; effective January 1, 2024.