Lawfully Owed DNA
Idaho

No.

N/A

N/A

N/A

N/A

N/A

N/A

Yes (including juveniles tried as adults)

Felonies, the attempt to commit a felony, and any crime that requires sex offender registration

Not specifically required.

(i) After conviction or guilty plea but before sentencing upon application by the prosecuting attorney, the attorney general, or the Idaho state police upon a showing that early collection of such samples will be in the best interest of justice; (ii) during the intake process at facility or as soon as practicable (and, in any event, prior to final discharge, parole, furlough, or release from imprisonment or confinement); (iii) if the person bypasses a prison inmate reception center, then prior to physical release from custody; if the person is not incarcerated at the time of sentencing, then the court shall order the person to report within 10 working days to the collection facility; when the state accepts an offender from another state and the offender is not confined, then within 10 working days after reporting to the supervising agent or of notice to the offender, whichever occurs first;  when the state accepts an offender from another state and the offender is confined, then as soon as practicable after receipt in a state or county correctional facility (and in any event, before completion of the person’s term of imprisonment). Any person subject to DNA collection who has not otherwise provided a sample shall provide a sample within 10 working days of notification of the requirement to produce a sample

Idaho State Police, or the chief administrative officer of any state or local detention facility, jail or other facility; director of the department of correction

Idaho State Police, Bureau of Forensic Services

The Idaho State Police shall expunge the DNA sample and all identifiable information in the database and databank relating to the subject of the conviction upon receipt of a court order which verifies that the applicant has made the necessary showing at a noticed hearing (that the relevant conviction was reversed and the case dismissed), and which includes the following documents:

(a) Written request for expungement pursuant to this section;

(b) A certified copy of the court order reversing and dismissing the conviction;

(c) Proof of written notice to the prosecuting attorney and the bureau of forensic services that such expungement is being sought; and

(d) A court order finging that no retrial or appeal of the case is pending and verifying that at least sixty (60) days have passed since the defendant has notified the prosecuting attorney and the bureau of forensic services of the expungement request and that the court finds no reason, based on the interests of justice, to deny expungement.

Idaho Stat. § 19-5503. Responsibility For Managing DNA Program – Bureau of Forensic Services

19-5506. Scope of law--Offenders subject to sample collection--Early collection of samples--Restitution

19-5507. Responsibility for sample collection--Timing of sample collection--Site for sample collection

19-5510. Applicability of chapter

19-5513 Expungement of information