Bill Text: IA HF397 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to the dissemination of criminal history data and expunging records relating to the dismissal of or acquittal on a criminal charge.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF397 Detail]
Download: Iowa-2011-HF397-Introduced.html
House
File
397
-
Introduced
HOUSE
FILE
397
BY
R.
OLSON
and
WOLFE
A
BILL
FOR
An
Act
relating
to
the
dissemination
of
criminal
history
1
data
and
expunging
records
relating
to
the
dismissal
of
or
2
acquittal
on
a
criminal
charge.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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397
Section
1.
Section
692.2,
subsection
1,
paragraph
b,
1
subparagraphs
(3)
and
(4),
Code
2011,
are
amended
to
read
as
2
follows:
3
(3)
Criminal
history
data
that
does
not
contain
any
4
disposition
data
after
eighteen
months
from
the
date
of
5
arrest
may
shall
only
be
disseminated
by
the
department
to
6
criminal
or
juvenile
justice
agencies,
to
the
person
who
is
7
the
subject
of
the
criminal
history
data
or
the
person’s
8
attorney,
or
to
a
person
requesting
the
criminal
history
data
9
with
a
signed
release
from
the
person
who
is
the
subject
of
10
the
criminal
history
data
authorizing
the
requesting
person
11
access
to
criminal
history
data
in
the
same
manner
as
retained
12
criminal
history
data
relating
to
an
acquittal
or
dismissal
is
13
disseminated
by
the
department
.
14
(4)
Upon
receipt
of
official
notification
of
the
successful
15
completion
of
probation
following
a
deferred
judgment,
criminal
16
history
data
regarding
the
person
who
successfully
completed
17
the
probation
shall
only
be
disseminated
by
the
department
to
a
18
criminal
or
juvenile
justice
agency,
to
the
person
who
is
the
19
subject
of
the
criminal
history
data
or
the
person’s
attorney,
20
or
to
another
person
with
a
signed
release
from
the
person
who
21
is
the
subject
of
the
criminal
history
data
authorizing
the
22
requesting
person
access
to
the
criminal
history
data
in
the
23
same
manner
as
retained
criminal
history
data
relating
to
an
24
acquittal
or
dismissal
is
disseminated
by
the
department
.
25
Sec.
2.
NEW
SECTION
.
901C.1
Expunging
records.
26
1.
A
person
arrested
or
charged
with
a
criminal
offense
may
27
petition
the
clerk
of
the
district
court,
on
a
form
prescribed
28
by
the
judicial
branch,
to
expunge
any
records
relating
to
29
the
arrest
or
the
criminal
charge
if
the
criminal
charge
30
is
dismissed
or
a
judgment
of
acquittal
is
entered
for
the
31
criminal
offense.
32
2.
Upon
verification
of
the
dismissal
or
acquittal,
the
33
clerk
of
the
district
court
shall
expunge
any
records
relating
34
to
the
arrest
and
the
criminal
offense
and
the
judicial
branch
35
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H.F.
397
shall
remove
the
records
from
the
Iowa
court
information
1
system.
2
3.
A
person
is
not
eligible
to
have
records
expunged
3
pursuant
to
this
section
unless
the
person
has
paid
all
court
4
costs
assessed
relating
to
the
records
being
sought
to
be
5
expunged.
6
EXPLANATION
7
This
bill
relates
to
disseminating
criminal
history
data
and
8
expunging
arrest
records
and
records
relating
to
a
criminal
9
charge.
10
The
bill
strikes
a
provision
allowing
a
person
who
has
11
criminal
history
data
that
does
not
contain
any
disposition
12
data
18
months
after
the
arrest
to
authorize
access
to
the
13
criminal
history
data
containing
no
disposition
data.
Code
14
section
692.1
defines
“disposition
data”
to
mean
information
15
pertaining
to
a
recorded
court
proceeding
subsequent
and
16
incidental
to
a
public
offense
arrest
and
includes
dismissal
17
of
the
charge,
suspension,
or
deferral
of
sentence.
The
18
bill
provides
that
the
criminal
history
data
containing
no
19
disposition
data
18
months
after
the
arrest
shall
only
be
20
released
in
the
same
manner
as
retained
criminal
history
data
21
related
to
an
acquittal
or
dismissal
is
released.
Code
section
22
692.17
governs
the
retention
of
criminal
history
data
related
23
to
acquittals
and
dismissals
by
the
department
of
public
24
safety.
25
The
bill
strikes
a
provision
allowing
a
person
who
has
26
successfully
completed
a
deferred
judgment
to
authorize
27
access
to
the
criminal
history
data
of
the
person
relating
to
28
the
deferred
judgment.
The
bill
provides
that
the
criminal
29
history
data
related
to
the
successful
completion
of
a
deferred
30
judgment
shall
only
be
released
in
the
same
manner
as
retained
31
criminal
history
data
related
to
an
acquittal
or
dismissal
32
is
released.
Code
section
692.17
governs
the
retention
of
33
criminal
history
data
related
to
acquittals
and
dismissals
by
34
the
department
of
public
safety.
35
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H.F.
397
The
bill
provides
that
a
person
arrested
or
charged
with
a
1
criminal
offense
may
petition
the
clerk
of
the
district
court,
2
on
a
form
prescribed
by
the
judicial
branch,
to
expunge
any
3
records
relating
to
the
arrest
or
the
criminal
charge
if
the
4
criminal
charge
was
dismissed
or
a
judgment
of
acquittal
was
5
entered
for
the
charge.
Upon
verification
that
the
charge
was
6
dismissed
or
a
judgment
of
acquittal
was
entered,
the
clerk
of
7
the
district
court
and
the
judicial
branch
shall
expunge
the
8
records
relating
to
the
arrest
or
the
charge
and
remove
the
9
expunged
records
from
the
Iowa
court
information
system.
10
A
person
is
not
eligible
to
have
records
expunged
by
the
11
judicial
branch
unless
the
person
has
paid
all
court
costs
12
assessed
relating
to
the
records
being
sought
to
be
expunged.
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