Statute

Idaho Code Ann. § 67-3014.

In Idaho, survivors of trafficking may petition to have convictions vacated and records of arrests/prosecutions expunged for almost all crimes committed (1) when they were a victim of human trafficking, and (2) that were the result of acts required by a trafficker. However, the law only applies to offenses that are eligible for a defense of coercion.

Confusingly, if a survivor was arrested but not ultimately prosecuted for an offense, they must wait two years to expunge the arrest records.  If a survivor was prosecuted and convicted of an offense, they can petition to have the conviction vacated immediately.

All petitions filed under the law for trafficking survivors are to be sealed, and any hearings closed to the public. It is worth noting that Idaho law requires survivors to identify their trafficker “to the best of their knowledge” for the petition to proceed. This is not specifically required, or referenced in the law, in most other states.

 

If the court grants the petition, the arrest and all other proceedings are considered not to have occurred and cannot be used against the survivor “for any purpose.”

This webpage was produced by Freedom Network USA under Grant Number 2017-VT-BX-K018, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this document are those of the contributors and do not necessarily represent the official position or policies of the U.S. Department of Justice.