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
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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,
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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
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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),
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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
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