Bill Text: IA HF2066 | 2017-2018 | 87th General Assembly | Introduced


Bill Title: A bill for an act relating to the expungement of simple misdemeanor offenses. (See HF 2452.)

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-02-08 - Subcommittee recommends passage. [HF2066 Detail]

Download: Iowa-2017-HF2066-Introduced.html

House File 2066 - Introduced




                                 HOUSE FILE       
                                 BY  WOLFE

                                      A BILL FOR

  1 An Act relating to the expungement of simple misdemeanor
  2    offenses.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5203YH (5) 87
    jm/rh

PAG LIN



  1  1    Section 1.  NEW SECTION.  901C.3  Simple misdemeanor ==
  1  2 expungement.
  1  3    1.  Upon application of a defendant convicted of a simple
  1  4 misdemeanor, the court shall enter an order expunging the
  1  5 record of such criminal case as a matter of law if the court
  1  6 finds the defendant has established any of the following:
  1  7    a.  More than five years have passed since the date of
  1  8 the conviction, and the defendant has not been subsequently
  1  9 convicted of or granted a deferred judgment for a criminal
  1 10 offense.
  1 11    b.  More than ten years have passed since the date of
  1 12 the conviction, and the defendant has not been subsequently
  1 13 convicted of or granted a deferred judgment for a felony
  1 14 offense.
  1 15    2.  This section shall not apply to a simple misdemeanor
  1 16 conviction under section 123.46, 123.47, subsection 3, or
  1 17 708.2A.
  1 18    3.  This section applies to a simple misdemeanor conviction
  1 19 that occurred prior to, on, or after July 1, 2018.
  1 20    4.  Notwithstanding section 692.2, after receipt of
  1 21 notice from the clerk of the district court that a record of
  1 22 conviction has been expunged, the record of conviction shall be
  1 23 removed from the criminal history data files maintained by the
  1 24 department of public safety if such a record was maintained in
  1 25 the criminal history data files.
  1 26                           EXPLANATION
  1 27 The inclusion of this explanation does not constitute agreement with
  1 28 the explanation's substance by the members of the general assembly.
  1 29    This bill relates to the expungement of a simple misdemeanor
  1 30 offense.
  1 31    The term "expunged" means the court's criminal record with
  1 32 reference to a deferred judgment or any other criminal record
  1 33 that has been segregated in a secure area or database which is
  1 34 exempt from public access.
  1 35    The bill provides that upon the application of a defendant
  2  1 convicted of a simple misdemeanor, the court shall enter an
  2  2 order expunging the record of such criminal case as a matter
  2  3 of law if the defendant has established that more than five
  2  4 years have passed since the date of the conviction and the
  2  5 defendant has not been subsequently convicted of or granted a
  2  6 deferred judgment for a criminal offense or the defendant has
  2  7 established that more than 10 years have passed since the date
  2  8 of the conviction, and the defendant has not been subsequently
  2  9 convicted of or granted a deferred judgment for a felony
  2 10 offense.
  2 11    The bill does not apply to simple misdemeanor convictions
  2 12 under Code sections 123.46 (consumption or intoxication in
  2 13 public place) and 123.47(3) (alcohol consumption by persons
  2 14 under legal age) because expungement procedures already exist
  2 15 for both offenses, and does not apply to simple misdemeanor
  2 16 convictions for domestic abuse assault under Code section
  2 17 708.2A.
  2 18    The bill applies to a simple misdemeanor conviction that
  2 19 occurs prior to, on, or after July 1, 2018.
  2 20    The bill also provides that after receipt of notice from the
  2 21 clerk of the district court that a record of conviction has
  2 22 been expunged, the record of conviction shall be removed from
  2 23 the criminal history data files maintained by the department of
  2 24 public safety if such a record was maintained in the criminal
  2 25 history data files.
       LSB 5203YH (5) 87
       jm/rh
feedback