Any person who was convicted under section 18-6101 1., Idaho Code, as it existed before July 1, 2010, where such person would not have been convicted under section 18-6101 (1) or (2), Idaho Code, may petition the district court for a determination to be exempted from the duty to register as a sexual offender. If the district court finds that such person would not have been convicted under section 18-6101 (1) or (2), Idaho Code, then the district court may exempt the petitioner from the duty to register as a sexual offender and may order that any information regarding the petitioner be expunged from the central registry. In the petition, the petitioner shall:

1. (1) Provide a certified copy of the judgment of conviction which caused the petitioner to report as a sexual offender; and

2. (2) Provide an affidavit that states the following:

   1. (a) The specific underlying facts of petitioner’s conviction and that such facts do not come within the provisions of section 18-6101(1) or (2), Idaho Code;
   2. (b) The petitioner does not have a criminal charge pending nor is the petitioner knowingly under criminal investigation for any crime identified in section 18-8304, Idaho Code; and
   3. (c) The petitioner is not required to register as a sexual offender for any other reason set forth in this chapter.

[18-8310A, added 2012, ch. 271, sec. 2, p. 766.]