Bill Text: IA HSB167 | 2025-2026 | 91st General Assembly | Introduced


Bill Title: A bill for an act relating to the sealing of juvenile court records, and including effective date provisions.

Spectrum: Committee Bill

Status: (Introduced) 2025-02-20 - Subcommittee recommends passage. [HSB167 Detail]

Download: Iowa-2025-HSB167-Introduced.html
House Study Bill 167 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT) A BILL FOR An Act relating to the sealing of juvenile court records, and 1 including effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1692YC (1) 91 dg/ko
H.F. _____ Section 1. Section 232.150, subsection 1, Code 2025, is 1 amended to read as follows: 2 1. a. In the case of an adjudication of delinquency, 3 the A court shall upon its own motion schedule a sealing of 4 records hearing to be held two years after the date of the last 5 official action relating to a complaint or petition alleging 6 delinquency , or the date the child a person subject to a 7 complaint or petition alleging delinquency becomes eighteen 8 years of age, whichever is later. The court shall also 9 schedule a sealing of records hearing upon application of a 10 person who was the subject of a complaint or petition alleging 11 delinquency that did not result in an adjudication. The court, 12 after hearing, shall order the official juvenile court records 13 in the case sealed, including those specified in sections 14 232.147 , 232.149 , 232.149A , 232.149B , and 915.25 , sealed if the 15 court finds all of the following: 16 (1) The person is eighteen years of age or older and two 17 years have elapsed since the last official action in the 18 person’s case. 19 (2) The person has not been subsequently convicted of a 20 felony or an aggravated or serious misdemeanor or adjudicated 21 a delinquent child for an act which if committed by an 22 adult would be a felony, an aggravated misdemeanor, or a 23 serious misdemeanor and no proceeding is pending seeking such 24 conviction or adjudication. 25 (3) The person was not placed on youthful offender 26 status, transferred back to district court after the youthful 27 offender’s eighteenth birthday, and sentenced for the offense 28 which precipitated the youthful offender placement. 29 (4) The person was not adjudicated delinquent on an offense 30 involving a violation of section 321J.2 . 31 b. If the court enters an order dismissing a complaint 32 or petition alleging delinquency, the court shall also enter 33 an order sealing all official juvenile court records in the 34 case including those specified in sections 232.147, 232.149, 35 -1- LSB 1692YC (1) 91 dg/ko 1/ 5
H.F. _____ 232.149A, 232.149B, and 915.25. 1 b. c. If the person was adjudicated delinquent for an 2 offense which if committed by an adult would be an aggravated 3 misdemeanor or a felony, the court shall not order the records 4 in the case sealed unless , upon application of the person or 5 upon the court’s own motion and the state files an objection. 6 If the state files an objection, the court shall set a hearing 7 on the matter. If, after hearing, the court finds that 8 paragraph “a” , subparagraphs (1) and (2), apply and that the 9 sealing is in the best interests of the person and the public , 10 the court shall order the records in the case sealed . 11 d. If the person has been subsequently convicted of a 12 felony, an aggravated misdemeanor, or a serious misdemeanor, 13 the court shall not order the records in the case sealed 14 unless, upon application of the person or upon the court’s own 15 motion and after hearing, the court finds that sealing is in 16 the best interests of the person and the public. 17 c. e. If the person is required to pay monetary restitution 18 to a victim due to a delinquent act and the restitution is 19 unpaid, the records in the case may be sealed, but the name 20 of the court, the title of the action, and the court’s file 21 number shall remain unsealed as provided in section 910.10 22 and the restitution amount shall be a judgment and lien as 23 provided in sections 910.7A , 910.8 , 910.10 , and 915.28 until 24 the restitution is paid in full. 25 Sec. 2. Section 232.150, Code 2025, is amended by adding the 26 following new subsection: 27 NEW SUBSECTION . 7. This section shall not be interpreted to 28 preclude the court from scheduling a sealing of records hearing 29 upon application of a person who was the subject of a complaint 30 or petition alleging delinquency. 31 Sec. 3. DISTRICT COURT —— SEALING OF JUVENILE RECORDS. 32 1. The supreme court shall establish guidance and timelines 33 for each district court to identify and seal all juvenile court 34 records for cases that commenced prior to the effective date 35 -2- LSB 1692YC (1) 91 dg/ko 2/ 5
H.F. _____ of this Act that are eligible to be sealed pursuant to this 1 Act. District courts shall endeavor to seal each record within 2 one year of the date the record is identified as eligible to be 3 sealed pursuant to this Act. 4 2. A person shall not have a cause of action for damages as 5 a result of the district court’s failure to identify and seal a 6 juvenile court record pursuant to subsection 1. 7 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate 8 importance, takes effect upon enactment. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill relates to the sealing of juvenile court records 13 (records). 14 Under current law, a court is required to hold a hearing to 15 seal records relating to an adjudication of delinquency two 16 years after the last official action in the matter or when the 17 person adjudicated to have committed a delinquent act reaches 18 18 years of age, whichever is later. Persons not adjudicated 19 delinquent must apply to the court to have the person’s records 20 sealed. 21 The bill requires a court to hold a hearing upon its own 22 motion to seal the records of a person who was the subject of a 23 complaint or petition alleging delinquency (petition) two years 24 after the last official action in the matter or when the person 25 subject to the petition reaches 18 years of age, whichever is 26 later. 27 The bill allows a person adjudicated delinquent for 28 operating while under the influence of alcohol or a drug while 29 having an alcohol concentration of .08 or more to have the 30 person’s records sealed. 31 The bill requires a court that issues an order dismissing a 32 petition to also enter an order sealing all official juvenile 33 court records in the case, including those specified in Code 34 sections 232.147 (confidentiality of juvenile court records), 35 -3- LSB 1692YC (1) 91 dg/ko 3/ 5
H.F. _____ 232.149 (records of criminal or juvenile justice agencies, 1 intake officers, and juvenile court officers), 232.149A 2 (confidentiality orders), 232.149B (public records orders), and 3 915.25 (right to review complaint against juvenile). 4 Under current law, a person adjudicated delinquent for an 5 offense which if committed by an adult would be an aggravated 6 misdemeanor or felony cannot have the person’s records sealed 7 unless the court finds that the person is at least 18 years of 8 age and has not been subsequently convicted of a felony, an 9 aggravated misdemeanor, or a serious misdemeanor, adjudicated 10 a delinquent child for an act which if committed by an adult 11 would be a felony, an aggravated misdemeanor, or a serious 12 misdemeanor, or has a pending proceeding seeking such a 13 conviction or adjudication. The bill requires the sealing of 14 records of a person adjudicated delinquent for an offense which 15 if committed by an adult would be an aggravated misdemeanor or 16 felony unless the state files an objection. If the state files 17 an objection, the court must set a hearing to determine if 18 sealing the records is in the best interests of the person and 19 the public. 20 The bill allows a person who, after being subject to a 21 petition, was convicted of a felony, an aggravated misdemeanor, 22 or a serious misdemeanor, to have the person’s records sealed 23 if the court finds at a hearing that sealing the records is in 24 the best interests of the person and the public. 25 The bill’s provisions shall not be interpreted to preclude 26 the district court from scheduling a sealing of records hearing 27 upon application of a person who was the subject of a petition. 28 The bill directs the supreme court to establish guidance 29 and timelines for each district court to identify and seal all 30 juvenile court records for cases that commenced prior to the 31 bill’s effective date that are eligible to be sealed pursuant 32 to the bill. District courts must endeavor to seal each 33 record within one year of the date the record is identified as 34 eligible to be sealed pursuant to the bill. A person does not 35 -4- LSB 1692YC (1) 91 dg/ko 4/ 5
H.F. _____ have a cause of action for damages as a result of the district 1 court’s failure to identify and seal a juvenile court record. 2 The bill makes conforming changes. 3 The bill is effective upon enactment. 4 -5- LSB 1692YC (1) 91 dg/ko 5/ 5
feedback