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H 126

CRIMINAL HISTORY RECORDS – Amends existing law to revise a provision regarding records shielded from disclosure and to provide for the collection of fees, fines, and restitution owed to the court.

68th Legislature, 1st Regular Session (2025)

House Bill 126 allows individuals to petition for sealing criminal records without paying fines first, improving access for those unable to meet financial obligations.

Reported Printed and Referred to Judiciary, Rules & Administration
#courts #criminalbackgroundchecks #fingerprints #records
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Bill Summary · H 126

Summary of House Bill 126 (H 126)

Bill Overview

  • Bill Number: H 126
  • Title: Criminal History Records
  • Introduced: February 04, 2025
  • Status: Reported Printed and Referred to Judiciary, Rules & Administration
  • Classification: Bill
  • Subject: Courts, Criminal Background Checks, Fingerprints, Records

Purpose and Intent

House Bill 126 aims to amend existing Idaho law regarding the sealing of criminal history records. The primary intent of the bill is to revise the requirements for individuals seeking to petition for the sealing of their criminal records, specifically by removing the stipulation that all fines, fees, and restitution must be paid before a petition can be filed. This change is designed to facilitate access to record sealing for individuals who may be unable to pay these financial obligations.

Key Provisions

  1. Removal of Financial Barriers:

    • The bill eliminates the requirement that individuals must pay all fines, fees, and restitution owed to the court to be eligible to petition for record sealing.
    • While these financial obligations remain due, the courts are authorized to disclose records as necessary for collection purposes.

  2. Amendment to Section 67-3004:

    • The bill amends Section 67-3004 of the Idaho Code, which governs the fingerprinting and identification process, as well as the shielding of records from disclosure.
    • It outlines the procedures for fingerprinting individuals arrested for retainable offenses and establishes conditions under which individuals can petition to have their records shielded from public disclosure.

  3. Eligibility for Record Sealing:

    • Individuals arrested, prosecuted, or convicted of certain misdemeanors (excluding violent or assaultive misdemeanors) or specific felony possession offenses may petition for their records to be shielded.
    • Petitioners must wait at least five years after completing their sentence, including probation and parole, and must not have any subsequent convictions during this period.

  4. Court Discretion:

    • The court retains discretion to grant or deny petitions based on the petitioner's accountability and the potential impact on public safety.

Impact

  • Affected Individuals: The bill primarily impacts individuals with criminal records seeking to have their records sealed. By removing the financial barrier, it aims to provide greater access to record sealing for those who may struggle with outstanding financial obligations.
  • Judicial System: Courts will have the authority to disclose records for collection purposes, which may streamline the process of collecting owed fines and fees.

Procedural Aspects

  • Legislative Timeline:
    • February 04, 2025: Bill introduced and referred to the Judiciary, Rules & Administration Committee.
    • February 05, 2025: Reported printed and referred to the same committee for further consideration.

Fiscal Note

The fiscal note accompanying the bill indicates that it will not result in any increase or decrease in revenue or additional expenditures for state or local governments, thus having no fiscal impact.

This summary provides an overview of House Bill 126, highlighting its purpose, key provisions, and potential impacts on individuals and the judicial system in Idaho.

Compiled from official sources — confirm details with the bill’s official record.

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