IdahoH 05212026 regular legislative sessionHouseWALLET

CRIMINAL HISTORY RECORDS AND CRIME INFORMATION – Amends and adds to existing law to establish provisions regarding submission by a covered entity for fingerprint screening.

Sponsored By: JUDICIARY, RULES AND ADMINISTRATION COMMITTEE

Signed by Governor

CRIMINAL HISTORY RECORDS AND CRIME INFORMATION

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 1 costs, 2 mixed.

New fingerprint checks for caregivers and staff

Beginning July 1, 2026, groups that work with children, seniors, or people with disabilities must run fingerprint checks. This covers employees, contractors, vendor staff, owners, and volunteers who have supervised or unsupervised access. The state bureau is the only channel to send fingerprints to the FBI, and it gives the qualified entity any allowed state and FBI records. Private groups that qualify under the National Child Protection Act, and volunteers, can submit fingerprints through the bureau. The employer or organization makes the final fitness decision; the bureau does not.

Privacy and rights in background checks

Beginning July 1, 2026, the bureau gives you a written notice of your rights during screening. You can get your report, appeal it, and fix errors before a final decision. Arrest records with no outcome after 12 months are shared only with law enforcement, you, or someone with your signed release. Every release must say, "AN ARREST WITHOUT DISPOSITION IS NOT AN INDICATION OF GUILT." Anyone who gets records from the department cannot re-share them without your signed release, unless a law allows it.

All changes start July 1, 2026

This law takes effect July 1, 2026. All fingerprint screening and criminal history record rules start on that date.

Fees and audits for screening programs

Beginning July 1, 2026, each fingerprint screening request must include payment of the state fee plus the FBI fee. The law does not set dollar amounts. The bureau may audit any qualified entity that submits requests. Entities must keep signed waivers for at least one audit cycle or as long as the person works or volunteers, whichever is longer.

Getting and prioritizing criminal records requests

Beginning July 1, 2026, the department gives criminal history records to criminal justice agencies and courts, and to others who apply in writing. A request must name a specific person with date of birth, and the department may require fingerprints. The department handles court and law enforcement requests first, which can slow other requests. Having access to records does not create a legal duty for employers or others to review them.

Sponsors & Cosponsors

Sponsor

JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
Affiliation unavailable

Cosponsors

Josh Keyser
Republican • Senate
Mike J. Pohanka
Republican • House

Roll Call Votes

All Roll Calls

Yes: 103 • No: 0

House vote • 3/17/2026

House Floor Vote

Yes: 34 • No: 0

House vote • 2/17/2026