Bill Text: IA HF223 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the expungement of certain nonviolent class "D" felonies.(See HF 831.)
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2021-03-25 - Withdrawn. H.J. 854. [HF223 Detail]
Download: Iowa-2021-HF223-Introduced.html
House
File
223
-
Introduced
HOUSE
FILE
223
BY
WOLFE
,
BROWN-POWERS
,
STECKMAN
,
ABDUL-SAMAD
,
McCONKEY
,
EHLERT
,
WILBURN
,
and
KURTH
A
BILL
FOR
An
Act
relating
to
the
expungement
of
certain
nonviolent
class
1
“D”
felonies.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
901C.4
Nonviolent
class
“D”
felony
1
——
expungement.
2
1.
Upon
application
of
a
defendant
convicted
of
a
nonviolent
3
class
“D”
felony
offense
filed
in
the
county
where
the
4
conviction
occurred,
the
court
shall
enter
an
order
expunging
5
the
record
of
such
a
criminal
case
if
the
defendant
has
proven
6
all
of
the
following:
7
a.
More
than
ten
years
have
passed
since
the
discharge
of
8
the
defendant’s
sentence.
9
b.
All
conditions
of
the
defendant’s
parole
or
probation
10
have
been
satisfied.
11
c.
The
defendant
has
paid
all
court
costs,
fees,
fines,
12
restitution,
and
any
other
financial
obligations
ordered
by
the
13
court
or
assessed
by
the
clerk
of
the
district
court.
14
d.
The
defendant
has
not
previously
been
granted
a
deferred
15
judgment
for
a
prior
felony.
16
e.
The
defendant
has
not
been
convicted
of
or
received
a
17
deferred
judgment
for
a
felony
offense
committed
subsequent
to
18
the
conviction
for
which
the
defendant
is
seeking
expungement.
19
f.
The
defendant
has
not
been
convicted
of
or
received
20
a
deferred
judgment
for
a
misdemeanor
offense
of
violence
21
committed
subsequent
to
the
conviction
for
which
the
defendant
22
is
seeking
expungement.
23
g.
The
defendant
is
not
currently
incarcerated
or
serving
a
24
period
of
probation
for
any
criminal
offense,
and
the
defendant
25
has
no
pending
criminal
charges.
26
h.
The
defendant
is
not
required
to
register
as
a
sex
27
offender
under
chapter
692A.
28
2.
The
following
class
“D”
felonies
shall
not
be
expunged:
29
a.
A
conviction
for
assault
under
section
708.2,
subsection
30
4.
31
b.
A
conviction
of
domestic
abuse
assault
under
section
32
708.2A,
subsection
4
or
5.
33
c.
A
conviction
for
assault
in
violation
of
individual
34
rights
under
section
708.2C,
subsection
2
or
4.
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d.
A
conviction
for
assault
while
participating
in
a
felony
1
under
section
708.3,
subsection
2.
2
e.
A
conviction
for
an
assault
on
persons
engaged
in
certain
3
occupations
under
section
708.3A,
subsection
1
or
2.
4
f.
A
conviction
for
inmate
assault
under
section
708.3B.
5
g.
A
conviction
for
willful
injury
under
section
708.4,
6
subsection
2.
7
h.
A
conviction
for
administering
harmful
substances
under
8
section
708.5.
9
i.
A
conviction
for
intimidation
with
a
dangerous
weapon
10
under
section
708.6,
subsection
2.
11
j.
A
conviction
for
going
armed
with
intent
under
section
12
708.8.
13
k.
A
conviction
for
stalking
under
section
708.11,
14
subsection
3,
paragraph
“b”
.
15
l.
A
conviction
for
removal
of
an
officer’s
communication
or
16
control
device
under
section
708.12,
subsection
3,
paragraph
17
“f”
.
18
m.
A
conviction
for
disarming
a
peace
officer
of
a
dangerous
19
weapon
under
section
708.13,
subsection
2.
20
n.
A
conviction
for
female
genital
mutilation
under
section
21
708.16,
subsection
1
or
4.
22
o.
A
conviction
for
threat
of
terrorism
under
section
23
708A.5.
24
p.
A
conviction
for
lascivious
acts
with
a
child
under
25
section
709.8,
subsection
1,
paragraph
“d”
or
“e”
.
26
q.
A
conviction
for
assault
with
intent
to
commit
sexual
27
abuse
under
section
709.11,
subsection
2.
28
r.
A
conviction
for
sexual
exploitation
by
a
counselor,
29
therapist,
or
school
employee
under
section
709.15,
subsection
30
4,
paragraph
“a”
,
or
under
section
709.15,
subsection
5,
31
paragraph
“a”
.
32
s.
A
conviction
for
human
trafficking
under
section
710A.2.
33
t.
A
conviction
for
aggravated
theft
under
section
711.3B,
34
subsection
2,
paragraph
“b”
.
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u.
A
conviction
for
threats
to
place
or
attempts
to
place
1
any
incendiary
or
explosive
device
or
destructive
substance
2
under
section
712.8.
3
v.
A
conviction
under
prior
law
of
an
offense
comparable
to
4
an
offense
listed
in
this
subsection.
5
3.
The
county
attorney
for
the
county
in
which
the
6
conviction
was
entered
shall
be
given
notice
of
the
7
application,
and
an
order
of
expungement
shall
not
be
entered
8
until
the
state
has
been
given
notice
and
the
opportunity
to
9
object
on
the
grounds
that
the
applicant
does
not
satisfy
all
10
of
the
conditions
in
subsection
1.
11
4.
A
person
shall
be
granted
an
expungement
of
a
record
12
under
this
section
one
time
in
the
person’s
lifetime.
However,
13
the
one
application
may
request
the
expungement
of
records
14
relating
to
more
than
one
nonviolent
class
“D”
felony
offense
15
if
the
nonviolent
class
“D”
felony
offenses
arose
from
the
same
16
transaction
or
occurrence,
and
the
application
contains
the
17
nonviolent
class
“D”
felony
offenses
to
be
expunged.
18
5.
No
order
of
expungement
shall
be
entered
until
at
least
19
thirty
days
after
an
application
has
been
filed.
20
6.
The
expunged
record
under
this
section
is
a
confidential
21
record
exempt
from
public
access
under
section
22.7
but
shall
22
be
made
available
by
the
clerk
of
the
district
court
upon
court
23
order.
24
7.
Notwithstanding
section
692.2,
after
receipt
of
25
notice
from
the
clerk
of
the
district
court
that
a
record
of
26
conviction
has
been
expunged
under
subsection
1,
the
record
27
of
conviction
shall
be
removed
from
the
criminal
history
data
28
files
maintained
by
the
department
of
public
safety
if
such
a
29
record
was
maintained
in
the
criminal
history
data
files.
30
8.
The
supreme
court
may
prescribe
rules
governing
the
31
procedures
applicable
to
the
expungement
of
a
criminal
case
32
under
this
section.
33
9.
This
section
applies
to
a
nonviolent
class
“D”
felony
34
conviction
that
occurred
prior
to,
on,
or
after
July
1,
2021.
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EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
relates
to
the
expungement
of
certain
nonviolent
4
class
“D”
felonies.
5
The
bill
provides
that
upon
application
of
a
defendant
6
convicted
of
a
nonviolent
class
“D”
felony
offense
filed
in
the
7
county
where
the
conviction
occurred,
the
court
shall
enter
8
an
order
expunging
the
record
of
such
a
criminal
case
if
the
9
defendant
has
proven
all
of
the
following:
more
than
10
years
10
have
passed
since
the
discharge
of
the
defendant’s
sentence;
11
all
conditions
of
the
defendant’s
parole
or
probation
have
been
12
satisfied;
all
court
costs,
fees,
fines,
restitution,
and
any
13
other
financial
obligations
have
been
paid;
the
defendant
has
14
not
previously
been
granted
a
deferred
judgment
for
a
prior
15
felony;
the
defendant
has
not
been
convicted
of
or
received
a
16
deferred
judgment
for
a
felony
offense
committed
subsequent
to
17
the
conviction
for
which
the
defendant
is
seeking
expungement;
18
the
defendant
has
not
been
convicted
of
or
received
a
deferred
19
judgment
for
a
misdemeanor
offense
of
violence
committed
20
subsequent
to
the
conviction
for
which
the
defendant
is
seeking
21
expungement;
the
defendant
is
not
currently
incarcerated
or
22
serving
a
period
of
probation
for
any
criminal
offense
and
has
23
no
pending
criminal
charges;
and
the
defendant
is
not
required
24
to
register
as
a
sex
offender
under
Code
chapter
692A.
25
The
bill
provides
that
a
conviction
of
the
following
class
26
“D”
felonies
are
not
eligible
for
expungement:
assault
under
27
Code
section
708.2(4);
domestic
abuse
assault
under
Code
28
section
708.2A(4)
or
(5);
assault
in
violation
of
individual
29
rights
under
Code
section
708.2C(2)
or
(4);
assault
while
30
participating
in
a
felony
under
Code
section
708.3(2);
assault
31
on
persons
engaged
in
certain
occupations
under
Code
section
32
708.3A(1)
or
(2);
inmate
assault
under
Code
section
708.3B;
33
willful
injury
under
Code
section
708.4(2);
administering
34
harmful
substances
under
Code
section
708.5;
intimidation
with
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a
dangerous
weapon
under
Code
section
708.6(2);
going
armed
1
with
intent
under
Code
section
708.8;
stalking
under
Code
2
section
708.11(3)(b);
removal
of
an
officer’s
communication
3
or
control
device
under
Code
section
708.12(3)(f);
disarming
4
a
peace
officer
of
a
dangerous
weapon
under
Code
section
5
708.13(2);
female
genital
mutilation
under
Code
section
6
708.16(1)
or
(4);
threat
of
terrorism
under
Code
section
7
708A.5;
lascivious
acts
with
a
child
under
Code
section
8
709.8(1)(a)
or
(e);
assault
with
intent
to
commit
sexual
9
abuse
under
Code
section
709.11(2);
sexual
exploitation
by
a
10
counselor,
therapist,
or
school
employee
under
Code
section
11
709.15(4)
or
(5);
human
trafficking
under
Code
section
710A.2;
12
aggravated
theft
under
Code
section
711.3B(2);
and
certain
13
threats
under
Code
section
712.8.
14
The
bill
provides
that
the
county
attorney
for
the
county
in
15
which
the
conviction
was
entered
shall
be
given
notice
of
the
16
application,
and
an
order
of
expungement
shall
not
be
entered
17
until
the
state
has
been
given
notice
and
the
opportunity
to
18
object
on
the
grounds
that
the
applicant
does
not
satisfy
19
all
of
the
conditions
specified
in
the
bill,
and
no
order
of
20
expungement
shall
be
entered
until
at
least
30
days
after
the
21
application
has
been
filed.
22
The
bill
provides
that
a
person
can
be
granted
an
expungement
23
of
a
record
under
the
bill
one
time
in
the
person’s
lifetime.
24
However,
the
one
application
may
request
the
expungement
of
25
records
relating
to
more
than
one
nonviolent
class
“D”
felony
26
offense
if
the
nonviolent
class
“D”
felony
offenses
arose
27
from
the
same
transaction
or
occurrence,
and
the
application
28
contains
the
nonviolent
class
“D”
felony
offenses
to
be
29
expunged.
30
The
bill
provides
that
the
expunged
record
is
a
confidential
31
record
exempt
from
public
but
shall
be
made
available
by
the
32
clerk
of
the
district
court
upon
court
order.
After
receipt
33
of
notice
from
the
clerk
of
the
district
court
that
a
record
of
34
conviction
has
been
expunged,
the
record
of
conviction
shall
be
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removed
from
the
criminal
history
data
files
maintained
by
the
1
department
of
public
safety
if
such
a
record
was
maintained
in
2
the
criminal
history
data
files.
3
The
bill
provides
that
the
supreme
court
may
prescribe
rules
4
governing
the
procedures
applicable
to
the
expungement
of
a
5
criminal
case
under
this
Code
section.
The
bill
applies
to
a
6
nonviolent
class
“D”
felony
conviction
that
occurred
prior
to,
7
on,
or
after
July
1,
2021.
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