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Idaho State Laws Regarding Expungement
9-342. ACCESS TO RECORDS ABOUT A PERSON BY A PERSON. (1) A person may
inspect and copy the records of a public agency or independent public body
corporate and politic pertaining to that person, even if the record is
otherwise exempt from public disclosure.
(2) A person may request in writing an amendment of any record pertaining
to that person. Within ten (10) days of the receipt of the request, the public
agency or independent public body corporate and politic shall either:
(a) Make any correction of any portion of the record which the person
establishes is not accurate, relevant, or complete; or
(b) Inform the person in writing of the refusal to amend in accordance
with the request and the reasons for the refusal, and indicate clearly the
person's right to appeal the refusal and the time period for doing so. The
procedures for appealing a refusal to amend shall be the same as those set
forth in sections 9-343 and 9-344, Idaho Code, and the court may award
reasonable costs and attorney's fees to the prevailing party or parties,
if it finds that the request for amendment or refusal to amend was
frivolously pursued.
(3) The right to inspect and amend records pertaining to oneself does not
include the right to review:
(a) Otherwise exempt investigatory records of a public agency or
independent public body corporate and politic if the investigation is
ongoing;
(b) Information that is compiled in reasonable anticipation of a civil
action or proceeding which is not otherwise discoverable;
(c) The information relates to adoption records;
(d) Information which is otherwise exempt from disclosure by statute or
court rule;
(e) Records of a prisoner maintained by the state or local agency having
custody of the prisoner or formerly having custody of the prisoner or by
the commission of pardons and parole
inspect and copy the records of a public agency or independent public body
corporate and politic pertaining to that person, even if the record is
otherwise exempt from public disclosure.
(2) A person may request in writing an amendment of any record pertaining
to that person. Within ten (10) days of the receipt of the request, the public
agency or independent public body corporate and politic shall either:
(a) Make any correction of any portion of the record which the person
establishes is not accurate, relevant, or complete; or
(b) Inform the person in writing of the refusal to amend in accordance
with the request and the reasons for the refusal, and indicate clearly the
person's right to appeal the refusal and the time period for doing so. The
procedures for appealing a refusal to amend shall be the same as those set
forth in sections 9-343 and 9-344, Idaho Code, and the court may award
reasonable costs and attorney's fees to the prevailing party or parties,
if it finds that the request for amendment or refusal to amend was
frivolously pursued.
(3) The right to inspect and amend records pertaining to oneself does not
include the right to review:
(a) Otherwise exempt investigatory records of a public agency or
independent public body corporate and politic if the investigation is
ongoing;
(b) Information that is compiled in reasonable anticipation of a civil
action or proceeding which is not otherwise discoverable;
(c) The information relates to adoption records;
(d) Information which is otherwise exempt from disclosure by statute or
court rule;
(e) Records of a prisoner maintained by the state or local agency having
custody of the prisoner or formerly having custody of the prisoner or by
the commission of pardons and parole
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