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