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H0521

Rules for Fingerprint Checks and Criminal History Records

Last scannedAug 24, 2026, 7:59 AM

In one sentence

This law updates how Idaho handles criminal history records and sets new rules for private groups to run fingerprint background checks on people who work with children, the elderly, or individuals with disabilities.

Makes the state bureau the only place that can send fingerprints to the federal government for job or license checks.
Allows qualified private organizations to submit fingerprints of workers and volunteers for criminal history screening.
Requires the state to tell people being screened about their right to see their report, challenge errors, and appeal results before a final decision is made.
Sets rules that arrest records without a court outcome after 12 months can only be shared with specific groups or if the person signs a release form.
Requires organizations running these checks to keep signed permission forms for at least one audit cycle or as long as the person works there.

Private non-criminal justice entities that serve children, the elderly, and individuals with disabilities under federal protection acts.
Employees, volunteers, independent contractors, owners of these qualified organizations who have access to vulnerable populations.
State government agencies responsible for managing criminal history records and fingerprint submissions.

The law does not create a legal duty for employers to check criminal history records unless another law requires it.
Organizations cannot share the background check results they receive from the state without written permission from the person being checked, except in specific cases allowed by law.

Plain language

Covered individual: A person employed by, volunteering with, or seeking work at a qualified entity who has access to children, the elderly, or individuals with disabilities.
Qualified entity: Private organizations that qualify under federal child protection laws and serve vulnerable populations like children or people with disabilities.

Official record

Source attached

Fingerprint screening

Official activity